London Borough of Merton (25 020 654)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 31 May 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a penalty charge notice (PCN). The PCN has now been cancelled. We would be unlikely to achieve anything more by investigating Mr X’s complaint.
The complaint
- Mr X complained about the Council’s actions after he received a PCN. He said this scared him and worsened his mental health conditions.
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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued Mr X a PCN as it thought he was the registered owner of a vehicle that had committed a moving traffic contravention.
- Mr X disputed the PCN and said he provided evidence he was no longer the registered owner at the point of the contravention and therefore was not liable. The Council continued to pursue the PCN.
- The Council cancelled the PCN following receiving further evidence Mr X was not the registered owner. Mr X says he would like a payment of over £2,000 for the distress, anxiety and wasted time he says the Council caused. I do not consider this justified. The main reason Mr X complained to us was that the Council was pursuing payment of the PCN. That is no longer the case, so the main issue has been remedied.
- While Mr X would have found dealing with the matter difficult, that would not warrant us seeking a payment of the level Mr X wants. It is unlikely that investigation by the Ombudsman would lead to a significantly different outcome. It would therefore be disproportionate for us to devote time and public money to investigating whether the Council was at fault.
Final decision
- We will not investigate Mr X’s complaint. The PCN has now been cancelled. An investigation by the Ombudsman is unlikely to achieve anything further for Mr X.
Investigator's decision on behalf of the Ombudsman