London Borough of Havering (25 029 213)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 07 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of Mr X’s representations against a penalty charge notice. This is because there is not enough evidence of fault by the Council.
The complaint
- Mr X complains the Council failed to respond to his representations against a penalty charge notice (PCN). He says that as a result the amount of the fine increased from £80 to £240.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I accept Mr X did not receive a response to his representations but I cannot say this was the result of any fault by the Council. The Council has provided a copy of its notice of rejection dated 6 November 2025 and this is correctly addressed. There is no requirement for the Council to send notices via recorded delivery or to provide proof to show Mr X received it. It is therefore just as likely that non-receipt resulted from failures in the postal service rather than any fault by the Council and in these circumstances I cannot say the Council must reimburse Mr X for the increase in the amount of the fine.
Final decision
- We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman