The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice which was issued in 2018. This is because it is a late complaint and because there is insufficient evidence of fault by the Council
The complaint
The complainant, whom I refer to as Ms X, complains the Council did not respond to her appeal about a Penalty Charge Notice (PCN). Ms X wants an apology and a refund.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Ms X and the Council. This includes letters the Council sent to Ms X about the PCN. I considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
Ms X received a PCN in 2018 for parking in a suspended bay. Ms X challenged the fine and said the signs were unclear. The Council sent at least two letters to Ms X rejecting her challenge. It sent the letters to the address provided by the DVLA. The Council sent Ms X a Notice of Rejection in December 2018. Ms X could have used this form to appeal to the tribunal. The Council did not hear anything further from Ms X until after it had instructed bailiffs in 2019.
Ms X paid about £400 to the bailiffs. She also complained and said the Council had not replied to her appeal. She said she had moved in December 2018. In December 2020 the Council said it would review the case if, within 14 days, Ms X provided proof she had moved before the date the Council issued the Notice of Rejection. Ms X sent some emails in 2021 but she did not give the Council evidence of when she moved. In November 2021 the Council confirmed the case was closed and Ms X had not provided evidence of when she moved.
I will not start an investigation because this is a late complaint. Ms X has been aware of the PCN since 2018 and paid the fine in 2020. But, she did not complain to us until 2022. Ms X says she has had to deal with various life events since 2018 but, as she was able to periodically correspond with the Council, then I see no reason to accept a late complaint to us.
I also will not investigate this complaint because there is insufficient evidence of fault by the Council. It gave Ms X three opportunities to pay the fine at the reduced rate of £65. It responded to her appeals and sent the replies to the address provided by the DVLA. And, it followed the correct process in instructing bailiffs when Ms X had neither paid nor appealed. In addition, when the Council found out Ms X had moved in December 2018, and might not have received the Notice of Rejection, it offered to review the case if she provided evidence of when she moved. Ms X did not provide any such evidence so the Council could not review the case. There is nothing to suggest fault by the Council and there is no reason to start an investigation.
Final decision
We will not start an investigation because this is a late complaint and because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman