Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because there is insufficient evidence of fault by the Council and because the complainant could have followed the statutory process and used her appeal rights.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a Penalty Charge Notice (PCN) and says the Council did not tell her the fine would increase. Ms X wants a refund and, if the Council will not cancel it, to allow her to pay at the reduced rate.

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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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I read the complaint and the Council’s response. I considered letters the Council sent to Ms X about two PCNs. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

6. The Council issued a PCN because Ms X had parked on double yellow lines. Ms X challenged the fine. She explained she is unwell and has a Blue Badge. The Council cancelled the fine as a goodwill gesture. It noted that Ms X had not displayed the badge. It reminded Ms X she must display the badge and clock. It said it usually cancels the first PCN for failing to use the badge correctly.
7. The Council issued a second PCN. Ms X had parked in a disabled bay where there was a maximum parking time of three hours. Ms X had displayed the badge but not the clock. Ms X challenged the fine. The Council rejected the challenge but gave her another 14 days to pay at the discounted rate of £35. The letter said that if she did not pay by 25 November, then the fine would revert to the standard rate of £70. The letter explained that if Ms X wanted to formally challenge the PCN she should wait for the Notice to Owner.
8. Ms X did not pay. The Council issued a Notice to Owner. The letter said Ms X must pay £70 within 28 days or make a formal challenge. The letter said that if Ms X neither paid nor made a formal challenge the fine would increase to £105.
9. Ms X did not pay or make a formal challenge. But, she did complain. In response the Council again stated she could make a formal challenge.
10. Ms X did not make a formal challenge. The Council issued a Charge Certificate which increased the PCN to £105. Ms X paid £105. The Council closed the case.
11. Ms X disputes the fine. She also says the Council did not warn her that the fine would increase and that the case was not on hold. Ms X wants a refund and to be able to pay at the reduced rate.

Assessment

12. I will not start an investigation for the following reasons.
13. There is insufficient evidence of fault by the Council. The letters show the Council gave Ms X another chance to pay at the discounted rate and told her, at each stage, what would happen if she need not pay or appeal.
14. Secondly, Ms X could have followed the statutory process as she still disputes the PCN. Ms X could have used the Notice to Owner to make a formal challenge and, if that was rejected by the Council, she could have appealed to the tribunal. It is reasonable to expect Ms X to have done this because the tribunal is the appropriate body to consider disputes about PCNs. Ms X did not appeal so the PCN stands and there are no grounds to ask for a refund. In addition, the time limit to pay at the discounted rate has expired.

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Final decision

15. I will not start an investigation because there is insufficient evidence of fault by the Council and because Ms X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman