Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice. This is because the Council has agreed to cancel the notice and this provides a suitable remedy for the complaint.

The complaint

1. Mr X complains the Council did not send him a copy of a penalty charge notice (PCN) by post and ignored his challenge and request for video footage of the PCN. The Council then escalated the case and told him it was too late to challenge the PCN. He says this caused him stress and worry and he wants the Council to either cancel the PCN or take the process back to an earlier stage so he may challenge it.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

5. In response to Mr X’s complaint the Council has now cancelled the PCN and confirmed it will take no further action in respect of it. This is the best outcome Mr X could have hoped for when trying to challenge it.
6. I appreciate Mr X has suffered some inconvenience and frustration but I am mindful the Council has exercised its discretion to cancel the PCN outside the statutory process when it could have decided to escalate it further. This would then have put Mr X to additional effort to challenge the escalation and, if successful the PCN itself, while removing our jurisdiction to consider the matter. I am therefore satisfied the cancellation provides a suitable remedy for Mr X in this case.

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Final decision

7. We will not investigate this complaint. This is because the Council’s cancellation of the PCN provides a suitable remedy for Mr X.

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Investigator's decision on behalf of the Ombudsman