The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because we are satisfied with the actions the Authority proposes to take.
The complaint
Mr Y complained the Council has incorrectly issued him with a Penalty Charge Notice (PCN) and has failed to respond to his email trying to appeal.
Mr Y says this caused him upset and worry.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information Mr Y and the Authority provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Mr Y in June 2022. Mr Y says he complained to the Authority as he did not think the PCN should have been issued as he has a blue badge for which he should receive a discount but received no response. He contacted the Ombudsman. We contacted the Authority who said the penalty had been paid, but that it could confirm Mr Y’s vehicle was now registered for a congestion charge 100% discount for Mr Y’s blue badge. It also said it would cancel the PCN and would refund the £80 back to Mr Y.
This remedy is in line with our guidance on remedies if we had found fault and places Mr Y back into the position he would have been in without the PCN being issued. As the Authority’s proposed action is satisfactory we will not investigate this complaint further.
Final decision
We will not investigate Mr Y’s complaint because we are satisfied with the actions the Authority proposes to take.
Investigator's decision on behalf of the Ombudsman