London Borough of Newham (21 007 698)
Category : Transport and highways > Parking and other penalties
Decision : Upheld
Decision date : 25 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because the Council has cancelled it and will issue a full refund.
The complaint
- The complainant, whom I refer to as Mr X, complains the Council did not reply to his appeal about a Penalty Charge Notice (PCN). Mr X wants a full refund of £513.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if the problem has been resolved. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
- The law says councils must send letters about PCNs to the address provided by the DVLA.
- The Council issued Mr X with a PCN. It sent the PCN to the address provided by the DVLA. A neighbour forwarded the PCN to Mr X because he moved soon after the PCN was issued. Mr X challenged the PCN and told the Council he had moved and provided his new address. Mr X did not say if he had updated the DVLA.
- The Council rejected Mr X’s appeal and continued to send documents to the old address because it had not been given a new address by the DVLA. The Council says that when it rejected Mr X’s appeal it should have sent a copy of the letter to his new address. Mr X would then have known what was happening.
- The case progressed and Mr X paid £513 to bailiffs.
- The Council says that, while Mr X should have ensured the DVLA had his correct address, the Council should have copied letters to the new address. The Council has cancelled the PCN and will issue a full refund of £513. It will also cancel another PCN.
- I will not investigate this complaint because the Council has explained what happened, cancelled both PCNs, and will issue a full refund.
Final decision
- I will not investigate this complaint because the Council will issue a full refund of £513 to Mr X.
Investigator's decision on behalf of the Ombudsman