Birmingham City Council (23 012 925)
Category : Transport and highways > Parking and other penalties
Decision : Upheld
Decision date : 18 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s failure to respond to his representations against a penalty charge notice. This is because the Council’s cancellation of the penalty charge notice and refund of Mr X’s payment provides a suitable remedy for the complaint and it is therefore unlikely investigation would achieve anything more for Mr X.
The complaint
- The complainant, Mr X, complains the Council failed to respond to his representations against a penalty charge notice (PCN) issued by the Council. He says that as a result he had to pay the penalty charge.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council issued Mr X a PCN for entering its clean air zone (CAZ) without paying the charge. Mr X disputes this and says he sent the Council proof of his payment for entering the CAZ. However, he says he did not receive a response from the Council and he therefore had to pay the penalty charge.
- The Council has now considered Mr X’s representations and confirms it has processed a refund for Mr X’s payment. This provides a suitable remedy for the complaint and is the most Mr X could have hoped for, had he appealed. It is therefore unlikely investigation would achieve anything more for Mr X.
Final decision
- We will not this complaint. This is because the Council’s refund of Mr X’s payment provides a suitable remedy for the complaint.
Investigator's decision on behalf of the Ombudsman