The Ombudsman's final decision
Summary: We will not investigate this complaint about two Penalty Charge Notices. This is because we are satisfied with the actions the Council has taken.
The complaint
Mr X complained the Council issued two Penalty Charge Notices (PCNs) for using a bus lane, when his vehicle is permitted to use the lanes. He also complains the Council’s correspondence has been incorrectly worded.
Mr X says the problem caused him inconvenience, caused him to feel insecure and harassed and wasted his time in dealing with the matter and seeking legal advice.
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 provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued Mr X with a PCN for driving in a bus lane in December 2021. Mr X appealed to the Council, as his vehicle can drive in the bus lane. Mr X also complained that the Council should have added his vehicle to a list of exempt vehicles to prevent the Council from issuing PCNs.
The Council added Mr X’s vehicle to the list, but before it did so, a further PCN was issued in May 2022. The Council later responded to Mr X’s complaint in May and June 2022. It confirmed it had cancelled the PCNs, added Mr X’s vehicle to the necessary list to prevent the problem recurring.
Mr X then complained that the response in May referred to him having received a PCN for entering a bus gate, rather than a bus lane. In its second response, the Council apologised for its incorrect wording and provided clarification. It then referred Mr X to us.
Analysis Where we find fault causing injustice, we aim to put people back into the position they would have been in had the fault not occurred. The Council has already put Mr X back into the position he would have been in through its own complaints process by cancelling the PCNs and adding him to the list of vehicles able to use bus lanes during restricted hours. It has also apologised to Mr X. I am satisfied these actions are sufficient to remedy this complaint.
Final decision
We will not investigate Mr X’s complaint because we are satisfied with the actions the Council has taken.
Investigator's decision on behalf of the Ombudsman