Summary: We will not investigate this complaint about the enforcement of a parking penalty charge notice as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complains the Council has passed his unpaid parking penalty charge notice (PCN) to its enforcement agents which has resulted in increased fees.

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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 there is not enough evidence of fault to justify investigating (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. If a PCN remains unpaid or an appeal is not made to the statutory appeal tribunal, the issuing authority will continue enforcement of it, ultimately passing a case to its enforcement agents to recover the debt. This is what has happened in Mr X’s case. That the Council has taken this action is not evidence of fault, and as such we will not investigate.

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Final decision

6. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman