The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says he tried to appeal about a Penalty Charge Notice (PCN) but the Council sent all the letters to his old address. Mr X accepts he entered a bus lane but wants to pay at the reduced rate of £30. He says the fine is now £409.
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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes a letter the Council sent to Mr X’s current address giving him 14 days to pay £30. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
Mr X moved house in May 2021. In October the Council issued Mr X with a PCN for driving through a bus gate. The Council sent the PCN to the old address because this was the address provided by DVLA.
Mr X contacted the Council in May to say he had not received the PCN because he had moved. The Council sent a letter to Mr X, at his current address, in May 2022. The Council told Mr X it was too late to appeal but it gave him 14 days to pay at the reduced rate of £30. The Council said that if he did not pay it would register the fine in court. It said Mr X could then apply to the court for a statutory declaration and submit he did not receive the PCN.
Mr X did not pay or respond. He accepts the Council sent the May letter to his new address but says he did not receive it. He says he would have paid the fine if he had received the letter. Mr X says the fine is now £409 which suggests the Council has instructed bailiffs.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council had to send the PCN to the address provided by DVLA. Mr X neither paid nor appealed so the Council issued a Charge Certificate which was the correct next stage in the process. It then wrote to Mr X at his new address; it gave him the opportunity to pay at the reduced rate and told him how he could apply for a statutory declaration. It is unfortunate Mr X did not receive the May letter but the Council used the correct address and is not responsible for letters that are not delivered. Mr X could apply to the court for a late statutory declaration and it would be for the court to decide if there are grounds to re-start the process.
Mr X has sent a letter the Council sent to his old address in July 2022 about another PCN. But, as it concerns a different PCN it has no bearing on this complaint or that the Council used the correct address when it wrote to Mr X in May.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman