Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice. This is because there is not enough evidence of fault by the Council or to show its actions caused Ms X significant injustice.

The complaint

1. Ms X complains the Council failed to follow the proper process in escalating a penalty charge notice (PCN). She says she did not receive an ‘order for recovery’, meaning she could not apply to the court to take the process back to an earlier stage. She also complains about the Council's handling of her complaint.
2. Ms X says the Council’s actions caused her financial loss, stress and frustration. She also says she has gone to time and effort to resolve the situation.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
7. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

8. I considered information provided by Ms X’s representative (Mr Y) and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Council has provided a copy of the ‘order for recovery’ and it is properly addressed. I accept Ms X did not receive it but it is unlikely we could say this was the result of any fault by the Council.
11. I also cannot say the issue caused Ms X significant injustice as Ms X retains the right to make a late statutory declaration now. She may apply to the TEC and if the TEC accepts her application it may order the Council to take the process back to an earlier stage, reducing the amount of the penalty charge and removing the basis for any additional charges. This would also reinstate Ms X’s right of appeal against the PCN. If the TEC refuses Ms X’s application she may apply for a review of its decision.
12. I have seen nothing to show it would be unreasonable to expect Ms X to follow this process and I will not therefore exercise my discretion to investigate the complaint.
13. Ms X is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.
14. In any event, part of Ms X’s concern relates to the Council’s refusal to cancel the PCN which she says is inconsistent with its decision on another case. It is for the Council to decide whether to cancel the PCN and if Ms X disagreed with its decision not to cancel it, it would have been reasonable for her to appeal.

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Final decision

15. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Ms X significant injustice. Ms X has the right to apply to the TEC to make a late statutory declaration and it would be reasonable for her to use it.

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Investigator's decision on behalf of the Ombudsman