The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice (PCN). This is because there is not enough evidence of fault by the Council.
The complaint
Mr X says the Council did not respond to his representations against a PCN. He says this resulted in him having to pay a higher charge. He wants the Council to apologise and refund him.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN against Mr X for a traffic contravention. Mr X made representations to the Council saying why he thought he should not pay the charge. Mr X says the Council did not respond to him with a decision. He says that the Council then contacted him to say that he would have to pay a higher charge.
The Council has provided a copy of a letter addressed to Mr X telling him its decision in response to his representations. The letter stated the Council had decided not to cancel the PCN and explained the reasons. It explained the options available to Mr X including the right of appeal and the charges that would apply depending on what Mr X did next.
There is not enough evidence of fault by the Council. The Council considered Mr X’s representations and explained its decision in a letter to Mr X. The letter explained what charges would apply depending on when Mr X paid them and whether he made a further appeal. Although Mr X did not receive the Council’s letter we cannot show, on the balance of probabilities, that the letter was not sent.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman