The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as it has been cancelled by the Council.
The complaint
Miss X complains about a parking penalty charge notice (PCN) the Council issued to her after she made a mistake inputting her vehicle registration number when she was paying to park. Miss X wants the PCN to be cancelled.
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 further investigation would not lead to a different outcome (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
We will not investigate as the outcome Miss X sought has already been provided by the Council; its stage two complaint response indicates it cancelled the PCN in light of Miss X’s challenge of it.
Had the PCN not already being cancelled, it is unlikely we would have investigated as there is a statutory appeal process provided in law that we would have expected Miss X to use to challenge the PCN.
Final decision
We will not investigate Miss X’s complaint because the Council has cancelled the PCN and we cannot add to this.
Investigator's decision on behalf of the Ombudsman