The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to issue a Penalty Charge Notice. This is because Mrs X can use her right of appeal to the Traffic Penalty Tribunal.
The complaint
Mrs X complains the Council: Wrongly issued her a Penalty Charge Notice; and Cut grass near her car causing marks which cost her £25 to clean.
The Ombudsman’s role and powers
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: there is not enough evidence of fault to justify investigating, or any injustice is not significant enough to justify our involvement, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Traffic Penalty Tribunal is a free service. It is reasonable for Mrs X to use her right to appeal and therefore I will not investigate.
Mrs X complains she spent £25 to clean her car after the Council cut grass near it. There is not enough evidence of fault to warrant investigation. Furthermore, any injustice is not significant to justify our involvement.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable for her to use her right of appeal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman