The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. The Council has agreed to cancel the notice and issue a full refund. An investigation would not lead to a different outcome.
The complaint
Ms X complains the Council wrongly issued her a Penalty Charge Notice (PCN) when she had a valid parking permit. She says it did not contact her about the matter, so she did not have the opportunity to appeal the PCN before the Council instructed bailiffs. She wants the Council to cancel the PCN and issue a full refund.
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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Since bringing her complaint to us, the Council has agreed to cancel the PCN and issue Ms X with a full refund. This is the outcome Ms X was seeking.
We will not investigate as an investigation would not lead to a different outcome.
Final decision
We will not investigate Ms X’s complaint because an investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman