Summary: We will not investigate this complaint about a Penalty Charge Notice. The Council have cancelled the Penalty Charge Notice so further investigation would not lead to a different outcome.

The complaint

1. Mr X complained a Civil Enforcement Officer (CEO) incorrectly issued a Penalty Charge Notice (PCN).
2. Mr X said the behaviour of the CEO caused alarm and distress, as well as financial loss.
3. Mr X wanted the Council to pay him for costs he said he incurred as a result of the PCN and issue an apology.

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The Ombudsman’s role and powers

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

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How I considered this complaint

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

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My assessment

7. The Council is responsible for enforcing parking regulations and may decide to issue a PCN when regulations are not followed. An appeal process is in place to challenge decisions if there is a disagreement with the issuing of a PCN.
8. Mr X received a PCN, he made an appeal which was upheld and the Council cancelled the PCN. The Council provided Mr X with an apology.
9. Mr X asked the Council to pay him for the costs he said he incurred due to the PCN. The Council declined to make payment.
10. We do not normally recommend remedies that reimburse loss of earnings. This is because we are unlikely to be able to reach conclusive findings on such matters through our investigations. We cannot usually establish a clear and causal link between the fault and the claimed injustice of lost earnings. There are frequently other factors, personal circumstances and choices involved. Such payments are therefore best resolved by the courts.
11. We will not investigate this complaint as further investigation would not to lead to a different outcome. The Council has cancelled the PCN and apologised to Mr X.

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Final decision

12. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman