Summary: We will not investigate Ms X’s complaint about the evidence the Council relied on to issue two PCNs. Ms X has already paid for the PCNs thereby accepting liability. There is insufficient fault in the process to warrant an investigation by the Ombudsman.

The complaint

1. Ms X complains the Council issued two Penalty Charge Notices (PCNs). Ms X said the evidence provided for both PCNs was the same.
2. Ms X said the matter caused her uncertainty.
3. Ms X wants the Council to review the evidence and cancel one of the PCNs if she is correct that the same evidence was used for both.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The Act says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
6. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
7. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Ms X said she was sent two PCNs one week apart for the same moving traffic contravention. Ms X said the evidence in both PCNs was the same.
11. In response to the Ombudsman’s enquiries, the Council said Ms X paid both PCNs and there were no appeals made to the London Tribunals.
12. Parliament has laid down a detailed process allowing individuals the right to challenge receiving PCNs from the Council. If Ms X wished to challenge the PCNs she should not have paid and instead formally appealed to London Tribunals. There is no procedure for paying and then appealing as payment effectively ends the appeal procedure.
13. The Ombudsman can check if the Council responded to Ms X’s representations, and I note in this case it did. There is insufficient evidence of fault in this process to warrant an investigation by the Ombudsman, and so we will not.

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Final decision

14. We will not investigate Ms X’s complaint because she already paid the PCN and there is insufficient evidence of fault in the remainder.

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Investigator's decision on behalf of the Ombudsman