The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the issue has been resolved.
The complaint
The complainant, whom I refer to as Mr X, complains he did not receive any documents about a Penalty Charge Notice (PCN) until the fine had increased to £105. Mr X complains the Council will not allow him to pay at the reduced rate.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.
My assessment
The Council issued a PCN but Mr X says he was unaware of it until he received the Charge Certificate asking him to pay £105. Mr X contacted the Council and there were a series of exchanges in which Mr X asked the Council to cancel or reduce the PCN, and the Council said it had followed the correct process and would not reduce the fine.
The Council registered the debt in court because Mr X had not paid. The Council then involved bailiffs.
Mr X applied to the court for a witness statement. Someone can apply for a witness statement if they did not get the PCN or Notice to Owner. If the court grants a witness statement the case reverts to an earlier stage and the person has the chance to pay or appeal. The court decided not to issue a witness statement.
Mr X complained to us in April and said the fine had increased to £424.
In early May, before we had taken any action, Mr X contacted the Council and reached an agreement. The Council recalled the case from the bailiffs and Mr X paid £70.
I will not start an investigation because the matter has been resolved and it is unlikely an investigation would lead to a different outcome.
Final decision
We will not investigate this complaint because we are satisfied with the action taken by the Council.
Investigator's decision on behalf of the Ombudsman