London Borough of Ealing (22 017 276)

Category : Transport and highways > Parking and other penalties

Decision : Upheld

Decision date : 12 Apr 2023

The Ombudsman's final decision:

Summary: We will not investigate Miss X’s complaint about the Council’s handling of her representations against a penalty charge notice. This is because the Council has agreed to accept payment at the discounted rate of £65 and this provides a suitable remedy for Miss X's claimed injustice.

The complaint

  1. The complainant, Miss X, complains she made representations against a penalty charge notice (PCN) issued by the Council but did not receive a response. She says she informed the Council that she had changed address but it sent its response to her old address.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by Miss X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has offered Miss X an opportunity to pay the PCN at the discounted rate of £65 and Miss X has accepted this and paid the PCN. The Council confirms the matter is therefore closed.
  2. The Council’s offer put Miss X back in the position she would have been, had she received the Council’s response to her representations, and it is unlikely further investigation would achieve anything more for her.

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Final decision

  1. We will not investigate this complaint. This is because the Council has provided a suitable remedy for the injustice Miss X claimed.

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Investigator's decision on behalf of the Ombudsman

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