The Ombudsman's final decision
Summary: We will not investigate this complaint about a moving traffic penalty charge notice as Mr X is not caused injustice from it that would warrant us recommending a financial remedy.
The complaint
Mr X complains the Council inappropriately issued a penalty charge notice (PCN) to him for a box junction contravention when Mr X says roadworks were taking place which obscured the box junction. The Council cancelled the PCN, but Mr X considers it was unethical for the Council to have issued it, and he seeks compensation for unnecessary stress and anxiety he says he was caused by 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 any injustice is not significant enough to justify our involvement and we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided an appeal mechanism whereby motorists who feel they have been wrongly issued with a PCN can challenge it. This process does not in general carry any provision for the motorist to also claim compensation; the remedy provided is, in essence, the cancellation of the PCN. As such, as the cancellation of the PCN provides the remedy in this case, there are not grounds for us to recommend the Council make a financial payment to Mr X, for the time and trouble he was put to in challenging the PCN.
For this reason, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because as the Council cancelled the PCN, there is insufficient remaining remediable injustice caused to him to warrant our further involvement.
Investigator's decision on behalf of the Ombudsman