The Ombudsman's final decision
Summary: We will not investigate this complaint about payment of a Penalty Charge Notice. This is because the Authority has decided to reduce the fine to the original amount of £65.
The complaint
The complainant, whom I refer to as Mr X, complains the Authority refunded a £65 payment for a Penalty Charge Notice (PCN), without his knowledge or consent and now demands that he pay £195.
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 the problem has been resolved. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Authority. This includes the Authority’s decision to reduce the fine to £65. I also considered the Ombudsman’s Assessment Code.
My assessment
The registered keeper of a car is liable for PCNs unless liability is transferred.
The Authority issued the registered keeper with a PCN for a box junction offence. Mr X (or his company) had hired the car and he promptly paid the PCN at the reduced rate of £65. Mr X does not dispute the PCN.
The Authority sent the PCN to the registered keeper. The registered keeper said a company had hired the car. The Authority transferred liability to the company. Mr X is linked to the company.
The Authority refunded the £65 to Mr X and reissued the PCN to the company. Mr X was unaware of the refund. He received the PCN but, as he knew he had paid, he ignored it thinking the Authority had sent it in error.
The Authority then increased the fine to £195 because Mr X had neither paid nor appealed.
Mr X has been corresponding with the Authority but has been unable to reach a resolution. He says he should not be penalised for prompt payment and for receiving a refund that he did not request and was unaware of.
In response to my enquiries the Authority decided to revert the PCN to £65. The Authority accepts Mr X was not trying to avoid paying the fine. The Authority will write to Mr X to arrange for him to pay £65.
Final decision
We will not investigate this complaint because the problem has been resolved and the Authority will accept payment of £65.
Investigator's decision on behalf of the Ombudsman