Summary: We will not investigate this complaint about a Penalty Charge Notice (PCN) as we could not achieve more than the Council is now doing.

The complaint

1. Miss X says the Council failed to acknowledge a revoking order sent by the Traffic Enforcement Centre (TEC). Miss X would like the Council to refund enforcement agency fees in connection with a Penalty Charge Notice (PCN).

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X successfully challenged her order for recovery of an unpaid PCN with the TEC , which issued a revoking order. Miss X says the Council denied receiving the revoking order and would not refund the payments she made towards enforcement agency fees. Miss X sent the Ombudsman a copy of the revoking order and we forwarded this to the Council. The Council acknowledged receipt and agreed to refund the payments made to date. The Council will reissue a Notice to Owner and give Miss X the opportunity to pay the original PCN amount or challenge the PCN by appealing to the adjudicator. Further investigation is unlikely to achieve more than this.

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Final decision

6. We will not investigate Miss X’s complaint because the Council has agreed to refund the payments, and it is unlikely further investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman