Summary: We will not investigate Ms X’s complaint that the Council failed to send her a penalty charge notice for driving in a bus lane and pursued debt recovery action. There is insufficient evidence of fault by the Council and no injustice. Ms X lost one appeal to the Traffic Penalty Tribunal and having been told there was a third penalty charge notice delayed in paying thereby causing the debt recovery action.

The complaint

1. Ms X complains the Council in May 2021 issued a penalty charge notice (PCN) which she did not know about until her Tribunal appeal regarding another PCN. Both PCN’s issued for driving in a bus lane. Ms X says she was not able to pay at the lower rate or appeal.
2. Ms X complains the Council failed to contact her following the Tribunal, held in September 2021, or tell her how to pay the fines. She says the next contact was from the Council’s enforcement agent. Ms X says the enforcement agent put the case on hold for 7 days in November but failed to contact her as promised. The subsequent enforcement visit added £235 costs. Ms X says she was not offered a payment plan. She says she is paying £25 per month which she cannot afford being on benefits. Ms X says the Council’s actions have caused her stress.

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The Ombudsman’s role and powers

3. 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 decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• further investigation would not lead to a different outcome.

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

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

6. I have considered Ms X’s information and comments and discussed the complaint with her by telephone. I have considered the Council’s information and comments including the record of communications to Ms X and her contacts with the Council’s enforcement agent.

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My assessment

7. I will not investigate Ms X’s complaint for the following reasons:
8. The penalty charge notices (PCN’s) are outside the Ombudsman’s jurisdiction:
1. We cannot investigate the June 2021 PCN which was appealed to the Traffic Penalty Tribunal (see paragraph 4 and 5).
2. The two PCN’s issued in May 2021 are outside jurisdiction because a right of appeal existed. I will not exercise discretion to investigate because:

• It was reasonable for Ms X to use her right of appeal on the PCN she received but she chose to pay it at the discounted rate of £30.
• Ms X says she did not receive the first PCN. However, she knew about it at the Tribunal in September 2021 and the Council’s communications were sent to the correct address. In November the Council advised Ms X she could challenge the debt recovery order at the Traffic Enforcement Centre. Ms X did not pursue this option.

9. The three PCN’s were issued for driving in a bus lane on the same road. The adjudicator who dealt with Ms X’s appeal rejected her argument about the quality of signs and found she had broken the law when driving. Ms X confirms she participated in the appeal and was informed of the outcome at the time. The adjudicator’s written decision advises Ms X she ‘must pay’ the Council.
10. The Council was entitled to pursue recovery of the PCN debt which it did in October 2021. There is insufficient evidence of fault. On 2 November following a conversation with Ms X the enforcement agent put a hold on recovery action for 7 days. The enforcement agent understood Ms X was going to challenge the recovery order at the Traffic Enforcement Centre and inform it of the outcome. The next action was the enforcement visit on 18 November. The Ombudsman could not say there is injustice to Ms X because she should have paid the PCN fines earlier and thereby avoided the enforcement actions.
11. Ms X tells me she did not know how to pay. However, there is no fault by the Council. The PCN communications to Ms X on the appealed PCN, which she tells me she received, explain how to pay. They also explain costs rise and warn of recovery action.
12. The Council’s information indicates the enforcement agent may review the debt recovery level following this complaint. If the agent requests a higher payment or Ms X cannot afford to pay the monthly amount she can ask the Council to assess her financial circumstances. There is no reason for the Ombudsman to investigate.

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Final decision

13. The Ombudsman will not investigate Ms X’s complaint that the Council failed to send her a penalty charge notice for driving in a bus lane and pursued debt recovery action. There is insufficient evidence of fault by the Council and no injustice. Ms X lost one appeal to the Traffic Penalty Tribunal and having been told there was a third penalty charge notice delayed in paying without a good reason.

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Investigator's decision on behalf of the Ombudsman