The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because we are satisfied with the actions the Authority proposes to take.
The complaint
Mr Y complains the Authority increased the charge on two Penalty Charge Notices (PCNs) during the period when he was appealing, which increased the amount from £160 to £320, but did not explain its reasons for this fully.
Mr Y says the increase has caused him to struggle financially and he has been frustrated at the Authority’s poor communication about the matter.
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 or continue with 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 Mr Y and the Authority provided.
I considered the Ombudsman’s Assessment Code and our guidance on remedies.
My assessment
The Authority issued two PCNs to Mr Y after he entered the area’s Ultra Low Emission Zone (ULEZ) on two separate occasions without making payment in early 2022. Mr Y appealed the PCNs to the Authority but both appeals were rejected in March 2022. The amount for the penalties rose to £320 from £160 during the time the appeal was being made and considered. Mr Y considers this to be unfair and asked the Authority to reduce the amount for both penalties back to a total of £160. However, the Authority did not reduce the amount.
Mr Y complained to us in May. We made initial enquiries to the Authority about the complaint. It responded, offering to reduce the amount to a total of £160, as Mr Y had initially requested.
Analysis We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. The Authority is now offering the remedy Mr Y was seeking in offering the refund of £160.
This is the remedy Mr Y wanted and is in line with our own guidance on remedies. Consequently, we are satisfied that these actions are sufficient to remedy any injustice and will therefore not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because we are satisfied with the actions the Authority proposes to take.
Investigator's decision on behalf of the Ombudsman