Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. It would be reasonable to expect Miss X to have used the statutory representations and appeals procedure. Miss X has also not suffered significant injustice.

The complaint

1. Miss X says the Council did not properly consider her representations about a Penalty Charge Notice (PCN) for an alleged traffic contravention.
2. She also complains the council has failed to respond to her complaints about the PCN within its published timescales.
3. She says this has caused ongoing stress and frustration.
4. She would like the Council to provide a full response to her complaint and acknowledge its failures in complaint handling and refund the PCN charges.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
6. 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. If the person has already appealed we have no power to investigate. (Local Government Act 1974, section 26(6)(a), as amended)
7. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.
8. 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.

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

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How I considered this complaint

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

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My Assessment

10. The Council made Miss X aware of her right to appeal to the Traffic Penalty Tribunal and I consider it would have been reasonable for her to do so. The restrictions in paragraph six therefore prevent us from investigating.
11. Miss X has complained about how the Council dealt with her complaint. However, it is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. I also do not consider the injustice Miss X suffered because of the Council’s complaint handling would be significant enough to warrant an investigation by the Ombudsman.

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Final decision

12. We will not investigate this complaint because it would be reasonable to expect Miss X to have used the statutory representations and appeals procedure. Miss X has not suffered significant injustice because of how the Council dealt with her complaint.

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Investigator's decision on behalf of the Ombudsman