Summary: We will not investigate this complaint about Penalty Charge Notices because the complaint is late without good reason to exercise discretion to investigate it now and there is not enough evidence of fault to justify investigating now.

The complaint

1. Mrs Y complained the Council failed to respond to her letter of complaint in November 2023 and May 2024 to avoid refunding moving traffic penalties (PCNs). She also complained the Council incorrectly issued PCNs, breach guidance for the use of CCTV camera for parking enforcement and issuing of PCNs and has ignored her appeals and requests for refunds of PCNs for three years.
2. Mrs Y says this has caused her distress at her injustice and financial hardship and is seeking a fine of £65 to be refunded to her.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
7. Mrs Y’s was aware of her reason to complain shortly after she did not receive a response to her complaint to the Council in 2023, more than 12 months before she approached us in 2025. Consequently, her complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
8. Our website provides guidance which says people should complain to us if they have not had a response within a reasonable time, this usually being within 12 weeks. It is reasonable to expect her to have followed our guidance and complained to us sooner.
9. Mrs Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter. Consequently, there is no reason to exercise our discretion, and we will not investigate this late complaint.
10. Further, Mrs Y has complained about the validity of the PCNs and sought a refund of the penalties, which she has already paid. She has now paid the various penalties, despite her disagreement with the issuing of them or the enforcement, instead of using her right to appeal to the London Tribunals. If Mrs Y felt that the PCNs should not have been issued or was wrongly pursued, it is for her as the recipient of the PCNs to challenge this.
11. In deciding not to appeal and paying the penalty, Mrs Y has legally accepted her liability for the penalty and the validity of the PCNs. As she has accepted its validity, there is not enough evidence of fault to justify investigating the issuing or enforcement of the PCNs. We will not investigate.

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Final decision

12. We will not investigate Mrs Y’s complaint because the complaint is late without good reason to exercise discretion to investigate it now and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman