Summary: We will not investigate this complaint about a parking penalty charge notice as it has been cancelled and any remaining injustice to the complainant is not sufficient to warrant our further involvement. The Information Commissioner's Office is best placed to deal with the complaint about the Council’s data handling.

The complaint

1. Mr X complains the Council incorrectly issued him with a parking penalty charge notice (PCN). Mr X says he was caused stress and inconvenience by having to appeal against it. Mr X also complains the Council wrongly obtained his personal details from the Driver and Vehicle Licensing (DVLA). Mr X feels he should be paid compensation in recognition of what took place

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The Ombudsman’s role and powers

2. 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 any remaining injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council cancelled the PCN in response to the representations Mr X made against it. I recognise Mr X remains unhappy, but from our perspective, the cancellation of the PCN means there is insufficient remaining injustice caused to Mr X to justify our further involvement.
7. The Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters. It is best placed to assess whether the Council incorrectly accessed Mr X's personal data. We will not therefore investigate this aspect of the complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient remaining injustice caused to him regarding the PCN and the ICO is best placed to deal with his complaint about the Council's data handling.

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Investigator's decision on behalf of the Ombudsman