The Ombudsman's final decision
Summary: We will not investigate this complaint about parking penalty charge notices as we cannot achieve the outcome the complainant seeks.
The complaint
Mr X complained about penalty charge notices (PCNs) the Council issued to him for parking without a permit. Mr X wants a refund of the money he has paid to clear the PCNs.
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 we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B)) The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he made representations against the PCNs, but he says when he did not receive responses, he paid the fines. Mr X says there were reasons why he did not have a valid permit to park and because of this, he wants the Council to cancel the PCNs and refund him the money he paid.
The Council considered Mr X’s case and explained in its view, it did not warrant the cancellation of the PCNs. We are not another level of appeal and cannot say whether the PCNs ought to have been cancelled. There is an appeal process provided in law, ultimately to an independent tribunal, which Mr X could have pursued to challenge the PCNs. This would have been the appropriate action to take rather than paying the fines which essentially brings them to a close. We cannot now ask the Council to cancel the PCNs or refund the money to Mr X.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he seeks, and we are not another level of appeal against PCNs.
Investigator's decision on behalf of the Ombudsman