The Ombudsman's final decision
Summary: We will not investigate this complaint about delay in Mr X receiving a penalty charge notice as it is unlikely the injustice Mr X claims arises from Council fault.
The complaint
Mr X complains he did not receive a penalty charge notice (PCN), for a moving traffic contravention, until after the appeal timeframe had elapsed as he says it was misdelivered to someone else’s mailbox in his building. Mr X wants the Council to use a recorded delivery service and to make exception for cases such as his.
The Ombudsman’s role and powers
We investigate 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 or continue an investigation if we decide any alleged fault has not caused injustice to the person who complained or it is unlikely we will find other fault (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate the Council’s PCN delivery mechanism as it is unlikely we will find fault. Such notices are sent via normal post as standard practice, and it is not fault therefore for the Council not to send them recorded delivery. We cannot hold the Council accountable for problems in the delivery of PCNs and it is this, rather than any Council fault, which led to the injustice Mr X complains about.
PCN enforcement follows a statutory procedure and it is at the Council’s discretion whether to consider representations made late or to re-instate appeal rights/discounted PCN payment rights. The information Mr X has provided suggests the Council has considered his case but decided that enforcement should proceed. I recognise Mr X is unhappy with this but unless there is evidence of fault in how the Council made this decision, we cannot question it. Mr X’s complaint does not provide evidence of such fault.
Final decision
We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council, or fault causing the injustice claimed.
Investigator's decision on behalf of the Ombudsman