Summary: We will not investigate this complaint that the complainant could not challenge a Penalty Charge Notice on the Authority’s website and the Authority did not respond. This is because there is insufficient evidence of fault by the Authority. In addition, the complainant could have followed the statutory process.

The complaint

1. The complainant, whom I refer to as Mr X, says he tried to respond to a Penalty Charge Notice (PCN) but there was an error and his response was not recorded. Despite informing the Authority, it continued to enforce the fine.

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and all the documents the Authority sent to Mr X. I considered the emails Mr X sent to the Authority. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Penalty Charge Notice

4. People have 28 days to pay or challenge a PCN. If they do neither the Authority will register the debt in court. It can then instruct bailiffs. The fine increases as the enforcement process escalates and bailiffs charge fees in addition to the fine.
5. After the fine has been registered in court, the person can apply to the court for a statutory declaration if they have made a representation which the Authority has not responded to. If the court grants a statutory declaration, the fine is taken back to the pre-court stage.

What happened

6. The Authority issued a PCN in September 2019 for a breach of the low emission zone rules. Mr X had 28 days to pay or appeal.
7. The Authority says it did not hear from Mr X within 28 days. It issued a Charge Certificate in October and then registered the debt in court in December. The Council sent the letters to the correct address. The court registration letter included a form telling Mr X he could apply for a statutory declaration.
8. Mr X did not apply for a statutory declaration. He sent an email to the Authority in January 2020 saying he had paid the PCN within 28 days. He said he was enclosing proof of payment. The Authority says Mr X did not enclose proof of payment. The Authority wrote to Mr X in January to say it was too late to appeal but it invited him to file a statutory declaration. It warned Mr X it would instruct bailiffs if he did not pay the fine which was now £248.
9. Mr X did not apply for a statutory declaration. The Authority instructed bailiffs. Mr X says he is being harassed by bailiffs for £940.
10. Mr X sent an email to the Authority on 2 December 2020 repeating that he had paid the PCN and was being abused by bailiffs. The Authority replied on 3 December and asked Mr X to provide proof of payment. The Authority says Mr X has not responded to this letter and has not provided proof of payment.
11. Mr X says the Authority has not followed the correct process and has ignored him at every turn.

Assessment

12. I will not start an investigation because there is insufficient evidence of fault by the Authority. It sent all the letters it was required to send and it explained that Mr X could pay, appeal or make a statutory declaration. It responded to the two contacts from Mr X and in December invited him to supply proof of payment. It has not received proof of payment from Mr X and has no record of Mr X following the statutory process. Mr X could have provided proof of payment or he could have applied for a statutory declaration if he did not think the Authority had responded appropriately. Mr X could apply to the court for a late statutory declaration; it would be for the court to decide whether to approve the application.
13. It is unfortunate the fine has increased to £940 but this is the correct reflection of what happens if someone neither pays a PCN nor follows the statutory process.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Authority and because Mr X could have followed the statutory process.

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Investigator's decision on behalf of the Ombudsman