Summary: We will not investigate this complaint about a Penalty Charge Notice. The Authority has decided to cancel the penalty and associated enforcement. We could not achieve anything further by investigating the matter.

The complaint

1. Mr X complained the Authority issued him a Penalty Charge Notice (PCN) for an offence committed before he took ownership of his vehicle. He said the matter caused him significant distress. He wanted the Authority to reissue the PCN to the vehicle’s previous owner and recall enforcement action against him.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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 Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X received a PCN relating to an offence that he says took place before he had taken his new vehicle into his possession. He complained to us after the Authority refused his appeal.
6. The Authority has told us it will now cancel the PCN and related enforcement. It is not therefore proportionate for us to consider the matter further.

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Final decision

7. We will not investigate Mr X’s complaint because the Authority has proposed to cancel the Penalty Charge Notice it issued to Mr X, and we could not achieve anything further.

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Investigator's decision on behalf of the Ombudsman