The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complaint is late with no good reason to investigate it now.
The complaint
Mr Y complained the Council increased the costs and penalty on a Penalty Charge Notice (PCN), which he did not receive as it was sent to his parent’s address. He also complained the Council was rude and arrogant in its handling of his complaint about the increased debt owed.
Mr Y says this caused him upset and worry, affecting his mental health and an added financial cost.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued several PCNs to Mr Y in 2020. The Council sent the correspondence for these PCNs to Mr Y’s parent’s home. As one of Mr Y’s parents was considered vulnerable, Mr Y was not visiting this property during this time and so did not receive the Council’s letters.
This led to the PCNs increasing and as the Council had received no response, led to enforcement action being taken. This included bailiffs contacting Mr Y to recovery the debt.
Mr Y complained to the Council in March 2021. Mr Y says the Council’s handling of the complaint was rude and arrogant, including making comments about him not having visited his parent’s property for significant periods after the PCNs had been issued. The Council issued a final response in June 2021. It apologised for any upset caused, but denied fault.
The Council also made Mr Y aware of his right to submit a late witness statement to the Traffic Enforcement Centre if he wished and his right to ask us to investigate his complaint. Mr Y approached us in July 2022.
Analysis The law says people should complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
Mr Y’s was aware of his reason to complain about the Council’s actions when he complained to the Council initially in March 2021 and after he received its final response in June 2021. This was more than more than 12 months before Mr Y approached us. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. Consequently, there is no reason to exercise our discretion and we will not investigate this late complaint.
Final decision
We will not investigate Mr Y’s complaint because the complaint is late with no good reasons for us to investigate it now.
Investigator's decision on behalf of the Ombudsman