Summary: We will not investigate this complaint about Penalty Charge Notices because any fault has not caused injustice to Mr Y.

The complaint

1. Mr Y complained the Council has issued Penalty Charge Notices (PCNs) without making drivers suitably aware of restrictions due to poor or absent signage.
2. Mr Y says he has taken time away from his business to help others appeal PCNs and gather information about the issue.

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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:

• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

4. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y has helped other members of the public to investigate and challenge PCNs issued by the Council for entry into a bus gate, which did not have suitable signage to make drivers aware of restrictions. This has included appeals to the Traffic Penalty Tribunal which have been successful.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
7. Mr Y has not been issued with a PCN at this location. He has helped others who have received PCNs to appeal through his own choice and those people he has helped have been able to successfully use an alternative remedy. As Mr Y is not the recipient of a PCN, he has not suffered a personal and significant injustice as the result of any fault by the Council. Consequently, we will not investigate.

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Final decision

8. We will not investigate Mr Y’s complaint because any fault has not caused injustice to Mr Y.

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Investigator's decision on behalf of the Ombudsman