Summary: We will not investigate Ms X’s complaint the Council took debt recovery action for a penalty charge notice debt after it accepted she was not the owner of the vehicle. The Council has taken appropriate action by apologising and cancelling the charge. It will make a payment to Ms X in recognition of her time, trouble, and distress.

The complaint

1. Ms X complains the Council pursued her for a debt on two penalty charge notices issued in March 2020 when she was no longer the owner of the vehicle. Ms X says she repeatedly provided evidence to the Council that she was not the owner which it ignored. She challenged the debt recovery at the Traffic Enforcement Centre (TEC). Ms X says the Council told her it was cancelling the debt, but it then threatened to take further action against her. She says the Council has caused her time, trouble, and distress. She wants the Council to cancel both penalty charge notices.

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The Ombudsman’s role and powers

2. 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 or may decide not to continue with an investigation if we are satisfied with the actions a council has taken or proposes to take.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered information and comments supplied by Ms X and the Council. I spoke to Ms X about the complaint by telephone.

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My assessment

6. I will not consider this complaint further because I am satisfied the Council has agreed to remedy the injustice to Ms X which is within our jurisdiction:
7. On 27 October 2021 the Council wrote and apologised to Ms X for not having cancelled both penalty charge notices (PCN’s) at the same time. The Council confirmed the PCN which it had not cancelled by mistake had been cancelled on that date. The Council says the other PCN was cancelled in August 2021. Ms X had supplied the Council with a DVLA letter, dated 30 July 2021, confirming she was not the owner of the vehicle by the time of the contraventions.
8. The Council has agreed to pay Ms X £75 for her time, trouble, and distress for the period in 2021 when it delayed cancelling the PCN’s and wrongly wrote to her threatening further enforcement action.
9. The Ombudsman cannot investigate the period before the Traffic Enforcement Centre (TEC) decision, in January 2021, to quash the debt recovery order (see paragraph 3 and 4 above). The TEC is part of the County Court. Ms X used the legal procedures available to challenge the debt recovery on the ground she had not received all the Council’s notices regarding the PCN’s.

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Agreed action

10. In addition to the action already taken, the Council will pay Ms X £75 in recognition of her time, trouble, and distress.

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Final decision

11. The Ombudsman will not investigate Ms X’s complaint the Council took debt recovery action for a penalty charge notice debt after it accepted she was not the owner of the vehicle. The Council has taken appropriate action by apologising and cancelling the charge. It will make a payment to Ms X in recognition of her time, trouble, and distress.

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Investigator's decision on behalf of the Ombudsman