Summary: Miss X complains the Council refuses to accept that she paid a Penalty Charge Notice. The Ombudsman will not investigate this complaint as we do not consider that Miss X has suffered a significant personal injustice. He is aware that a third party paid the PCN and initiated legal action against the Council related this Penalty Charge Notice.

The complaint

1. Miss X complains the Council refuses to accept that she paid a penalty charge notice (PCN). She wants the PCN cancelled.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe the fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A (6), as amended)
3. We cannot investigate a complaint if someone has started court action about the matter.

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How I considered this complaint

4. I considered the information provided by Miss X. I also considered the information provided for a complaint linked to this case.

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What I found

5. Miss X says she paid a PCN, but the Council says it was not received. She says the cheque was cashed and she provided proof of this.
6. I have also considered a complaint linked to this case. In the linked complaint a third party (a relative of Miss X) states he sent a cheque for the PCN to the Council in October 2018.
7. The Council says it did not receive the cheque. It says it has checked its records and cannot trace the money in its accounts. It has repeatedly asked the third party to provide information about the cheque or give the Council consent to trace where the cheque was cashed. It appears the third party has not provided this information.
8. The correspondence the third party has provided shows that he has taken legal action against the Council twice about this matter. And the court has dismissed his claim, requiring him to pay the Council’s costs.
9. The law says the Ombudsman cannot investigate complaints where legal proceedings have taken place.

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Final decision

10. I will not investigate this complaint. I do not consider that Miss X has suffered a significant personal injustice. Her relative has complained he paid the PCN and has also taken legal action against the Council. The Ombudsman cannot consider complaints where legal action has occurred.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman