Summary: We will not investigate this complaint about Penalty Charge Notices because we could not add to the previous investigation by the Council, further investigation would not lead to a different outcome, and we are satisfied with the actions the Council has taken.

The complaint

1. Mrs Y complained the Council failed to respond to her representations against two Penalty Charge Notices (PCNs) and then increased the penalties.
2. Mrs Y said the problem made her feel helpless.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

4. 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

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

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My assessment

6. Mrs Y received two PCNs from the Council for driving in a pedestrian zone. Mrs Y says she made representations to the Council but did not receive a response to these before the penalties increased and the matter was progressed. Mrs Y complained to the Council about the issue. Mrs Y then approached us. The Council has since cancelled both PCNs and apologised for the error.
7. As the Council has properly considered and investigated the complaint and its impact, it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault. Consequently, it is unlikely further consideration of this complaint would lead to a different outcome, and we are satisfied with the actions the Council has taken in this complaint. We will not investigate.

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Final decision

8. We will not investigate Mrs Y’s complaint because we could not add to the previous investigation by the Council, further investigation would not lead to a different outcome, and we are satisfied with the actions the Council has taken.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman