Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could apply for a statutory declaration and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, says a Penalty Charge Notice (PCN) increased to £513 while he was waiting for the Council to reply to his appeal.

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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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and considered the letters the Council sent to Mr X about the PCN. I considered some information from the bailiffs. I invited Mr X to comment on a draft of this decision.

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What I found

Penalty Charge Notice

4. If someone neither pays nor challenges a PCN then the Council registers the debt in court and can then instruct bailiffs. The fine increases as the enforcement processes escalates.
5. If the person did not receive the letters about a PCN they can apply to the court for a statutory declaration. If the court grants the statutory declaration the Council reverts the case back to the beginning and re-issues the PCN. The person can then either pay or appeal.

DVLA

6. The law says people must tell DVLA when they change address. Councils use the address provided by DVLA to send letters about PCNs.

What happened

7. Mr X did not tell DVLA when he moved house. In July 2019 the Council issued Mr X with a PCN for a moving traffic offence. It sent the PCN, and all the subsequent letters, to the address provided by DVLA. Mr X did not get the letters because he had moved.
8. The Council registered the debt in court and instructed bailiffs. The bailiffs found Mr X and wrote to him in April 2020. The fine was £203. Mr X spoke with the bailiffs. He also sent an email to the Council trying to appeal the PCN. Mr X did not provide his address. The Council replied in April and sent a letter to his old address. The Council said it was too late to appeal but said he could apply for a statutory declaration.
9. The bailiffs visited in November. Because they visited the fine increased to £513. The bailiffs spoke to Mrs X. The bailiff notes say he offered to come back another day when Mr X was home but Mrs X volunteered to make the payment.
10. Mr X says the Council increased the fine from £203 to £513 while he was waiting for an outcome to his appeal. He says bailiffs should not have visited because they did not ask if anyone was vulnerable due to COVID-19. Mr X sent an email to the bailiffs in which he said he had not updated his log book when he moved. The bailiffs have not yet replied to this email.
11. The Council says Mr X can apply for a statutory declaration on the grounds that he did not receive the PCN or any of the other letters. If the court grants a statutory declaration the Council will revert the fine to PCN stage and issue Mr X with a full refund.

Assessment

12. The Council sent all the documents it was required to send and replied to Mr X’s April email. It is unfortunate Mr X did not get any of these letters but the Council did not know he had moved. I will not start an investigation because there is insufficient evidence of fault by the Council and because Mr X can follow the statutory process and apply for a statutory declaration. If granted the Council will re-issue the PCN and make a full refund. Mr X can then either pay the PCN or appeal.
13. The bailiffs will reply to Mr X’s email from November. But, in the interim, the bailiffs state that despite speaking to Mr X, he did not say that anyone in the household was vulnerable or shielding. In addition, the notes say Mrs X offered a voluntary payment despite the bailiff offering to come back when Mr X was home.

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Final decision

14. I will not start an investigation because Mr X can follow the statutory process and apply for a statutory declaration. In addition, there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman