London Borough of Barnet (24 018 083)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 29 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a penalty charge notice as there is insufficient evidence of fault by the Council.
The complaint
- Mr X complains the Council will not deal with his appeal after he paid a penalty charge notice (PCN) it issued to him. Mr X says the Council gave him no indication that if he paid he would not be able to appeal.
The Ombudsman’s role and powers
- 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 PCN issued to Mr X explained how to make representations against it and the options that would be available to him should those be rejected by the Council, that is, to pay the PCN or to appeal to the independent tribunal.
- The procedure provided by Parliament provides two options: to pay or appeal. There is no provision to pay and then appeal. I recognise that Mr X holds a contrary view but I consider the wording of the PCN explains this. I do not consider Mr X has provided evidence of fault by the Council and we will not therefore investigate.
- We are not another level of appeal and are not empowered to consider Mr X’s appeal case against the PCN.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman