The Ombudsman's final decision
Summary: We will not investigate this complaint about the escalation of a penalty charge notice as there is insufficient evidence of fault by the Council to justify our involvement.
The complaint
Mr X complains the cost of a penalty charge notice (PCN) issued to him for entering a ‘no entry’ road, has tripled. Mr X admits he misplaced the PCN but he thinks the increased cost is unjust and he will struggle to pay it.
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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued the PCN under the London Local Authorities and Transport for London Act 2003. This provides a framework for enforcement and included within this is that the cost of a PCN will increase as enforcement progresses. While I appreciate Mr X is unhappy about the increased cost, this is not an indication of fault by the Council. We will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman