Summary: We will not investigate this complaint about a penalty charge notice. This is because there is not enough evidence of fault to warrant further investigation.

The complaint

1. Ms X complains the Council issued her a penalty notice charge (PCN) and failed to properly consider her personal circumstances when she challenged it. She would like the Council to waive the PCN.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Ms X says the Council did not properly consider her personal circumstances when she challenged the PCN. She also says the road restriction was unreasonable and that the Council should have updated satellite navigation services or placed cones to make the restriction clearer.
6. The Council considered Ms X’s representations and supporting evidence and declined to cancel the PCN. Its response shows it considered the circumstances she raised but decided they did not justify cancellation of the PCN. The Council also explained that drivers are responsible for observing traffic signs and markings, and provided evidence of their existence there
7. Ms X has since raised additional personal circumstances which were not included in her representations to the Council. The Council could only consider information provided at the time. I have therefore seen no evidence of fault in its handling of this issue.
8. Ms X is also unhappy with the way the Council dealt with her complaint. Any fault in the way the Council handled Ms X’s complaint, separately to her representations on the PCN, did not cause her injustice significant enough to warrant investigation. We will not therefore consider this issue separately.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman