The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because we are satisfied with the actions the Council proposes to take.
The complaint
Mr Y complains the Council has pursued a Penalty Charge Notice (PCN) and refused his appeal when it was made after the deadline, despite Mr Y not receiving the original PCN. He also says he was not told he could appeal the PCN.
Mr Y says he cannot afford to pay the penalty and he is worried and annoyed at not being able to appeal.
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)v
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code and Guidance on Remedies.
My assessment
The Council issued a PCN to Mr Y in April 2022 after he drove in a bus lane. The PCN explained how Mr Y could appeal the penalty, initially with the Council by making representations within 28 days. The Council wrote to Mr Y again in June 2022 after it obtained a Charge Certificate against Mr Y for non-payment of the PCN.
Mr Y complained to the Council in June that he was unable to appeal using its website as it would only allow him to pay the penalty. After ten days Mr Y complained again as he had not received a response to his complaint. The Council responded, explaining that the complaint Mr Y had made was outside the 28 days provided to him to appeal in. Consequently, it asked him to pay the penalty. Mr Y then complained to us.
Analysis As part of our investigation, we made enquiries to the Council about the PCN. Within its response to our enquiries, the Council has agreed to cancel the PCN as it agrees it did not follow its process relating to the complaint. It will write to Mr Y to confirm the cancellation of the PCN within the next 5 working days.
I am satisfied that this action is a suitable remedy to the complaint. The remedy puts Mr Y into the position he would have been in if his appeal had been dealt with correctly in the Council’s process and had been successful. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because we are satisfied with the actions the Council proposes to take.
Investigator's decision on behalf of the Ombudsman