Summary: We will not investigate Ms X’s complaint about the Council issuing a duplicate Penalty Charge Notice in error. This is because the Council has already remedied the matter by cancelling the Penalty Charge Notice and issuing a refund. It does not warrant a further investigation by this office.

The complaint

1. Ms X says the Council issued a duplicate Penalty Charge Notice (PCN) in error. She asked the Council to provide a refund.

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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 injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6), & 24A (7) as amended, section 34(B))

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How I considered this complaint

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

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Final decision

4. We will not investigate Ms X’s complaint. This is because the Council has confirmed, in response to our initial enquiries, that it has already cancelled the duplicate PCN, issued in error, and has provided a refund. The outcome sought by Ms X in making her complaint to this office has already been achieved and there is no remaining personal injustice which is so serious that it warrants a further investigation by this office.

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Investigator's decision on behalf of the Ombudsman