The Ombudsman's final decision
Summary: We will not investigate this complaint about issues paying a traffic contravention penalty charge notice as it is unlikely we will find fault by the Council. We will not investigate the penalty charge notice itself as it is reasonable to expect Mr X to use the statutory appeals process to challenge it.
The complaint
Mr X says he experienced difficulties paying a penalty charge notice (PCN) at the discounted rate. Mr X also says the PCN should not have been issued to him as he did not commit the contravention, and that therefore it should be cancelled. Mr X says he has been caused stress and anxiety.
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 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 there is not enough evidence of fault to justify investigating (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
The Council wrote to Mr X giving him an additional 14 days within which to pay the PCN at the discounted rate. The Council’s letter explained Mr X could pay using the automated payment system by phone or that he could call customer services. We will not investigate as there is insufficient evidence of fault by the Council in this regard.
Parliament has provided a no-cost appeal process, ultimately to independent adjudicators at the Traffic Penalty Tribunal (TPT), that Mr X could use to challenge the PCN. The TPT can decide if the PCN is valid or should be cancelled. We are not another level of appeal in the process and cannot make these decisions. It is reasonable to expect Mr X to use/have used his statutory appeal right, and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council and it is reasonable to expect him to use his statutory appeal right to challenge the PCN.
Investigator's decision on behalf of the Ombudsman