The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council failed to reply to his representation, sent last year, against a penalty charge notice (PCN) and has instructed a bailiff to recover the debt. We are satisfied the Council is taking appropriate action to resolve the matter. The Council says it will reissue the PCN and cancel the debt recovery with the bailiff.
The complaint
Mr X complains the Council failed to reply to his representation against a penalty charge notice (PCN). Mr X says the Council has instructed a bailiff who is threatening to recover the debt. Mr X says he is unemployed and has health problems. He wants the Council to reply to his representation and stop the debt recovery action.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we are satisfied with the action a council has taken or proposes to take.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and Council.
My assessment
I will not investigate this complaint. The Council has resolved the matter by saying it will cancel the debt recovery with the bailiff and reissue the penalty charge notice (PCN) to Mr X. This gives Mr X an opportunity to send a representation or pay the discounted rate. The Council has included a letter sent to Mr X at his old address, on 1 November 2021. The letter explains Mr X was too late to make a representation and explains the process. The Council says it did not know Mr X’s new address.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council failed to reply to his representation against a penalty charge notice (PCN) and has instructed a bailiff to recover the debt. We are satisfied the Council is taking appropriate action to resolve the matter. The Council says it will reissue the PCN and cancel the debt recovery with the bailiff.
Investigator's decision on behalf of the Ombudsman