The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about handling of outstanding Penalty Charge Notice (PCN) debts by Council commissioned Enforcement Agents. There is not enough evidence of fault by the Council to justify us investigating.
The complaint
Mr X complains Council commissioned Enforcement Agents have been unfairly pursuing him for various outstanding Penalty Charge Notice (PCN) debts for the last five to six years. He says he has paid Enforcement Agents more than £13,000 over this time, which has caused considerable financial hardship to him and his family. He wants an independent investigation into all enforcement actions.
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 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, or there is another body better placed to consider this complaint. (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 has confirmed to Mr X that it has only issued two Penalty Charge Notices (PCN) to him in October 2025. It is therefore not the Council responsible for pursing outstanding PCN debts for the last five to six years as Mr X believes. The Council has confirmed the debt that remains outstanding for the two PCNs it issued. It also advised Mr X to provide the Enforcement Agents with the evidence it needs to assess his family’s vulnerability and ability to pay.
We will not investigate because there is not enough evidence of fault by the Council. It is not responsible for the action taken by various Enforcement Agents over the last five to six years. Its advice to Mr X is appropriate given as this will help Enforcement Agents with recovery in a proportionate way, which takes proper account of Mr X’s vulnerability and financial situation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to justify our involvement.
Investigator's decision on behalf of the Ombudsman