Summary: We will not investigate this complaint about a Penalty Charge Notice for a parking contravention. Any injustice Mr X experienced is not significant enough to justify our involvement, and we could not add to the investigation the Council has already carried out.

The complaint

1. Mr X complained the Council wrongly issued him with a Penalty Charge Notice (PCN) and did not rescind it until the second stage of his appeal.
2. Mr X said this caused distress and inconvenience.
3. Mr X wants the Council to provide him with a symbolic financial remedy to recognise the distress and inconvenience he experienced.

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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:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organization.

(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 Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
8. We will not investigate Mr X’s complaint. Any injustice he has experienced is not significant enough to justify our involvement.
9. The Council acknowledged it was at fault when issuing the PCN to Mr X, apologised and rescinded the PCN. Therefore, we could not add to the investigation the Council has already carried out.

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Final decision

10. We will not investigate Mr X’s complaint because any injustice he experienced is not significant enough to justify our involvement, and we could not add to the investigation the Council has already carried out.

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Investigator's decision on behalf of the Ombudsman