Summary: We will not investigate this complaint about a parking Penalty Charge Notice. This because a further investigation would not lead to a different outcome.

The complaint

1. Mr Y complains the Council wrongly issued a parking Penalty Charge Notice (PCN) when he had an exemption for his lease car.
2. Mr Y also complains that he had to pay an additional administrative fee to the car leasing company.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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 further investigation would not lead to a different outcome or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by Mr Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr Y complained to the Council when he was issued with a PCN despite having a valid exemption. The PCN was paid by the registered keeper of the car (the car leasing company).
8. The Council acknowledged Mr Y’s vehicle had a valid exemption at the time of the contravention, cancelled the PCN and refunded the registered keeper of the car.
9. The Council acknowledged that a system fault had been identified. The Council has confirmed it has rectified the fault, and no further instances of failure have been identified.
10. As the Council has cancelled the PCN and taken action to address the system fault which caused it to serve the PCN, an investigation would not achieve any more or lead to a different outcome.
11. If Mr Y thinks he is out of pocket, then this is a matter he would need to raise with the car leasing company. Mr Y could check if he and the company dealt with the PCN in accordance with the lease. I cannot comment on the lease agreement, and I cannot ask the Council to refund the administration fee as that is a matter between Mr Y and the car leasing company.

Back to top

Final decision

12. We will not investigate Mr Y’s complaint about a parking Penalty Charge Notice. This is because a further investigation would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman