Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal. In addition, there is insufficient evidence of fault by the Council and the Council has re-offered payment at the discounted rate.

The complaint

1. The complainant, whom I refer to as Ms X, disputes a Penalty Charge Notice (PCN) and complains the Council will not let her pay in instalments.

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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)
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I read the complaint and the decision made by the tribunal. I considered the correspondence between Ms X and the Council. I also considered comments Ms X made in reply to a draft of this decision and new information from the Council offering payment at the discounted rate.

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What I found

What happened

6. Ms X appealed to the tribunal about a PCN. She lost the appeal in June. The tribunal directed her to pay £130 within 28 days.
7. In July Ms X offered to pay £15 a month. She said she was unemployed. In September the Council explained it does not offer payment by instalment but it gave Ms X until 17 December to pay £130. Ms X did not make any payments but offered £10 a month.
8. In December, following complaints from Ms X, the Council repeated that it does not offer instalments for PCNs. But, it said it would review the case if Ms X provided evidence of her circumstances and financial hardship.
9. Ms X sent information about her finances in a letter dated 30 December. The Council received this letter on 26 February. Ms X sent a letter in January enclosing a cheque for £30. The Council received the cheque on 1 March.
10. Ms X asked the tribunal for a review. The tribunal rejected her request on time grounds.
11. The Council issued a Charge Certificate in January which increased the fine to £195. The Council did this because Ms X had not paid the PCN.
12. The Council has returned the £30 because it does not accept instalments. It has given Ms X another opportunity to pay the fine at the discounted rate of £65. The discount is normally only available to people who pay promptly and do not appeal. The Council has told Ms X she needs to pay £65 by 15 April. If Ms X does not pay £65 by 15 April the Council will register the debt in court and the fine will increase to £203.

Assessment

13. Ms X still disputes the PCN. I cannot comment on this because the law says we cannot investigate any matter that has been considered by the tribunal. In addition, the tribunal directed that Ms X must pay £130 within 28 days. I also cannot comment on the tribunal’s decision not to accept a review.
14. I also will not start an investigation because there is insufficient evidence of fault by the Council. The Council could have issued the Charge Certificate in July once Ms X had not paid within 28 days. But, it did not issue it until January, thus giving Ms X longer to pay. The Council explained it does not offer payment plans for PCNs but it gave Ms X longer to pay and invited her to provide evidence of her circumstances. In addition, it did not receive information about her finances until the end of February. But, despite there being no suggestion of fault, the Council has given Ms X another chance to pay at the discounted rate.

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Final decision

15. I cannot start an investigation because Ms X appealed to the tribunal. In addition, there is insufficient evidence of fault by the Council and the Council has re-offered the discounted rate.

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Investigator's decision on behalf of the Ombudsman