The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice. This is because the Council has now cancelled the penalty charge notice and this provides a suitable remedy for Miss X. It is therefore unlikely investigation would achieve anything more for Miss X.
The complaint
Miss X complains about a penalty charge notice (PCN) issued by the Council. She says she appealed against the PCN twice but did not receive a response. She is also unhappy the Council declined to deal with her complaint and that it took four months to resolve the issue.
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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X sent the Council evidence to show she was not responsible for the contravention on 25 February 2025. She also complained about the issue of the PCN as she felt the Council’s automated system had mis-read the number plate of the vehicle concerned.
The Council issued two responses on 27 March 2025; one agreed the vehicle details were different and cancelled the PCN while the other declined to deal with Miss X’s complaint as the appeals process provided an alternative route to challenge the PCN.
Miss X is not satisfied with the Council’s cancellation of the PCN as she says it has taken too long to get to this point and she has suffered stress as a result. But her injustice is not significantly more than would normally be involved in appealing against a PCN and cancellation therefore provides a suitable remedy for Miss X.
Final decision
We will not investigate this complaint. This is because the Council has cancelled the PCN and it is unlikely investigation would achieve anything more for Miss X.
Investigator's decision on behalf of the Ombudsman