The Ombudsman's final decision
Summary: We will not investigate this complaint that Mr X has to pay an increased penalty charge notice as there is insufficient evidence that any Council fault has caused a significant injustice to Mr X.
The complaint
Mr X complains about the increased cost of a penalty charge notice (PCN) after he told the Council he had problems paying it online. Mr X also complains the Council was racist towards him.
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 any fault has caused significant injustice to the person who complained, or there is insufficient evidence of fault (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about the Council asking him to pay an increased PCN when he thought he had already paid it online.
The Council says Mr X emailed it twice on 18 March 2022; once to challenge the PCN and once to say he had paid it.
The Council responded on 24 March 2022 rejecting Mr X’s challenge and to explain the discounted PCN could be paid until 7 April 2022, as it had not received payment. The Council says it did not receive payment and so the PCN escalated.
While I note Mr X considered he had paid the PCN, the Council wrote to him after that time to indicate the PCN was still due, with an extension of the period to pay the discounted amount. I cannot therefore see that any alleged Council fault has caused Mr X an injustice as he could have paid the PCN at that point.
Mr X has provided no further information or evidence to support his claim that the Council was racist in how it dealt with him about the PCN. As such, there is insufficient evidence of fault by the Council to proceed with this aspect of Mr X’s complaint.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault causing injustice to Mr X.
Investigator's decision on behalf of the Ombudsman