Summary: We will not investigate Mr B’s complaint about the Council not issuing a Penalty Charge Notice to the driver of a traffic enforcement vehicle which he reported. This is because there is not enough evidence of fault to justify an investigation and the alleged fault has not caused Mr B a personal injustice.

The complaint

1. Mr B complains the Council did not issue a Penalty Charge Notice (PCN) after he reported an unmanned Council CCTV traffic enforcement vehicle parked in a loading bay. Mr B says he was issued with a PCN for a parking contravention and the Council should treat all motorists the same. Mr B would like the Council to issue and enforce a PCN to the driver of this vehicle. Mr B would also like the Council to apologise and pay him compensation for his time and trouble pursuing this matter.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

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

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How I considered this complaint

3. I considered information provided by Mr B.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The information indicates the Council has taken this matter seriously by issuing a warning to the driver that they cannot leave a CCTV enforcement vehicle unattended in a loading bay.
6. I have not seen any information to indicate the Council’s assessment – that it cannot issue a PCN retrospectively and based solely on a photograph by a member of the public – was wrong.
7. And, in any case, the alleged fault by the Council has not caused Mr B a personal injustice.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because there is not enough evidence of fault. And, the alleged fault has not caused Mr B a personal injustice.

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Investigator's decision on behalf of the Ombudsman