Summary: We will not investigate this complaint about several Penalty Charge Notices for an alleged traffic contravention. The Council has already taken suitable action to remedy any injustice, and further investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. Mr X complained the Council wrongly issued Penalty Charge Notices (PCNs) to his mother (Miss Y) despite agreeing her vehicle should be exempt from restrictions in a particular location. Mr X said the Council made repeated administrative errors, and failed to fix the problem when made aware.
2. Mr X said this caused Miss Y significant distress, uncertainty and inconvenience. He wanted the Council to cancel all PCNs, give written assurance about enforcement action, and take steps to ensure Miss Y would not receive any further PCNs. He also wanted the Council to pay compensation and apologise..

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The Ombudsman’s role and powers

3. 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)
4. We also 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))

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How I considered this complaint

5. I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.

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My assessment

6. The Council agreed Miss Y’s vehicle should be exempt from restrictions in a specific location within its area. Miss Y received PCNs despite this. Mr X complained to the Council.
7. The Council replied advising it had cancelled the PCNs and had added Miss Y’s vehicle’s registration plate to the system so the cameras would recognise her vehicle as exempt. However, Miss Y received four further PCNs.
8. Mr X wrote to the Council again. The Council apologised and explained it had omitted to add Miss Y’s registration to one of two cameras in the location. It explained it had now taken this action. It apologised and said it had cancelled all PCNs.
9. Mr X was not satisfied as he believed the Council should also pay compensation to Miss Y. He therefore complained to us.
10. The action the Council has already taken is sufficient to recognise the impact the matter had on Miss Y. Further investigation by us would not achieve a different outcome, and it is not therefore proportionate for us to consider the matter further.

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Final decision

11. We will not] investigate this complaint because the Council has already taken suitable action to remedy any injustice, and further investigation by the Ombudsman would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman