The Ombudsman's final decision
Summary: We cannot investigate this complaint about a penalty charge notice. This is because Miss X has used her right of appeal against the penalty charge notice. The Council has also paid a partial refund to Miss X to recognise the incorrect information it gave to her.
The complaint
Miss X complains the Council issued a penalty a charge notice (PCN) and gave her incorrect information in relation to the notice.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot usually investigate a complaint if someone can or has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), 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 has complained that the Council issued her a PCN.
Miss X also said the Council gave her incorrect advice in relation to the PCN.
Final Decision
We cannot investigate Miss X’s complaint about the Council issuing the PCN because she has used her right of appeal.
The Council accepted that they gave her incorrect information and issued a partial refund to Miss X to recognise their mistake. We consider this an acceptable remedy to this part of the complaint.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman