Summary: We will not investigate this complaint about a Penalty Charge Notice issued for a moving traffic contravention. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Authority issued him with a Penalty Charge Notice (PCN) for stopping his vehicle on a red route. Mr B says he stopped his vehicle because he was suffering from an allergic reaction and needed to buy medication quickly.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr B’s representations against this PCN are mitigating circumstances. A motorist cannot put in an appeal to London Tribunals against a PCN for this type of traffic contravention on the basis of mitigating circumstances. It is for the issuing authority to consider such representations and decide whether to cancel a PCN because of mitigating circumstances.
6. The Authority’s rejection of Mr B’s representations shows the Authority considered Mr B’s mitigating circumstances but decided not to cancel this PCN. This was a decision for the Authority to make and it is not our role to tell the Authority it should have exercised its discretion differently.
7. So, there is not enough evidence of fault to justify an investigation into this complaint.

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Final decision

8. We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman