Summary: We will not investigate Mrs X’s complaint about the Council’s failure to consider representations made to appeal a Penalty Charge Notice (PCN). This is because the Council has now accepted Mrs X’s representations and cancelled the PCN, which achieves the outcome she was seeking.

The complaint

1. Mrs X complained she had received a Penalty Charge Notice (PCN) from the Council. She submitted formal representations, but the Council failed to consider them, which caused the fine to increase.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council confirmed it has now accepted Mrs X’s representations and cancelled the PCN. It is therefore unlikely further investigation by us would achieve anything more for Mrs X.

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Final decision

6. We will not investigate Mrs X’s complaint because the Council’s acceptance of her representations and its cancellation of the PCN achieves the outcome she was seeking. Further investigation is unlikely to achieve anything more.

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Investigator's decision on behalf of the Ombudsman