Summary: We will not investigate this complaint about the Council’s enforcement of a penalty charge notice. There is insufficient evidence of fault by the Council.

The complaint

1. Ms X complains the Council has refused to refund a penalty charge she paid for an alleged parking contravention and reinstate her right of appeal to the Traffic Penalty Tribunal (TPT), as she now wants to challenge the evidence the Council relied on when refusing her informal representations.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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

3. I considered information provided by Ms X, and the Ombudsman’s Assessment Code.

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My assessment

4. If Ms X disputed the validity of the penalty charge notice (PCN), including the evidence the Council relied on when refusing her informal representations, it was open to her to continue to follow the statutory enforcement process. This would have eventually resulted in the opportunity to appeal to the TPT. The Council informed Ms X of this process/her options in its responses to her informal representations.
5. Instead, Ms X paid the penalty charge. In doing so, Ms X has accepted liability for the penalty and the PCN itself. There is no requirement for the Council to reinstate the appeal process now.
6. It is unlikely the Ombudsman would find fault in the Council’s handling of this matter, so we will not start an investigation.

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Final decision

7. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman