The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice (PCN) that Miss X received. This is because we cannot achieve the outcomes requested.
The complaint
Miss X complains about a lack of response from the Council about being issued with a PCN allegedly for dropping a cigarette end. She said the enforcement officer misled her by saying she could not appeal unless she paid the fine first. She would like her payment returned together with an additional amount for her expenses.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
If Miss X wished to appeal the fine - as she says she did - it was open to her to not pay and then allow Council to prosecute her in the magistrate’s court. This was where she could have raised her concerns (about the circumstances around how the PCN was issued to her) as part of her defence.
There is no legal process to allow her to pay and appeal. I note she says the enforcement officer advised she had to pay and then appeal. Nevertheless, the information on the PCN would have clearly outlined the legal process. As she has paid, the legal process has ended and there is nothing further to be gained by the Ombudsmen investigating.
Councils’ complaints procedures do not usually investigate complaints subject to the legal process as Miss X’s complaint does. So, the alleged lack of a response from the Council is not a good reason for the Ombudsman to investigate.
Final decision
We will not investigate Miss X’s complaint because we cannot achieve the outcomes requested.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman