Summary: We will not investigate this complaint about a Penalty Charge Notice because there is no worthwhile outcome achievable by our investigation.

The complaint

1. Miss Y complained the Council has failed to respond or properly consider her mitigating circumstances in her representations against a Penalty Charge Notice (PCN) for parking without displaying her blue badge.
2. Miss Y says the situation has made her feel upset and frustrated as her vehicle was clamped and towed during a medical emergency for her mother, who she is a carer for. It also led to her struggling financially as she had to pay storage and towing fees.

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The Ombudsman’s role and powers

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 no worthwhile outcome achievable by our investigation. (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 Miss Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

4. Miss Y received a PCN after she parked on double yellow lines without displaying her blue badge during a family emergency. The Council issued a PCN and towed her car away. Miss Y then paid the costs of the towing and storing the car. Miss Y then made representations against the penalty, based on her having accidentally forgotten to display her blue badge due to her dealing with a family emergency.
5. Miss Y says she did not however receive a response to this. The Council has however provided a letter it sent to Miss Y in response which said it would consider the representations if Miss Y provided it with a copy of her blue badge. The Council sent this to the address registered with the DVLA. As Miss Y did not however receive this, she approached us.
6. The Council has already agreed to consider Miss Y’s representations if she provides evidence of her blue badge, and potentially refund the charges paid. Thus, there is no worthwhile outcome we could achieve from our investigation.
7. Miss Y can now either accept the charges paid or provide the evidence of both sides of her blue badge for the Council to consider. Therefore, as there is no worthwhile outcome we could achieve, we will not investigate.

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Final decision

8. We will not investigate Miss Y’s complaint because there is no worthwhile outcome achievable by our investigation.

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Investigator's decision on behalf of the Ombudsman