Summary: We will not investigate this complaint about Penalty Charge Notice. This is because there is not enough evidence of fault by the Council to justify investigating the complaint.

The complaint

1. Mr Y complains the Council issued a Penalty Charge Notice (PCN) but he did not receive the PCN documentation within the 14 day period in which he could pay the fine at a reduced rate.
2. Mr Y says he paid the fine but at a higher rate and feels this is unfair as she lost the opportunity to pay at the lower rate.

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

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Council issued a PCN to Mr Y in December 2021. It sent documents for the PCN to MR Y’s address, but this was not received until January 2022, after the 14-day period in which Mr Y had the opportunity to pay the fine at a reduced rate of £65. Mr Y did not want the fine to increase further, so paid the fine as soon as he received the letter. He then complained to the Council in January 2022.
6. The Council responded two days later. It said Mr Y had had the opportunity to appeal, on the basis that he had not received the paperwork earlier, but had chosen instead to pay the fine. It explained that the payment of the fine meant Mr Y had accepted liability for the PCN and effectively he had forfeited his right to appeal at that point. It referred Mr Y to us.

Analysis

7. The Council is correct in its statement that in paying the fine Mr Y admitted liability for the PCN and in effect accepted it, without appeal. This was Mr Y’s choice but he could have chosen to appeal the fine on the basis he had not received the documents in the initial period.
8. While I acknowledge Mr Y says he did not receive the documents in the 14-day period, there is not enough evidence to suggest this was at the fault of the Council and given the Christmas period, may have been caused by seasonal postal delays.
9. Mr Y has said that he thinks the Council should instead contact drivers through other methods such as tracked post or by email. However, PCNs can be issued by post and we would not find fault for the Council contacting Mr Y in this way.
10. While this is frustrating for Mr Y, there is not enough evidence of fault by the Council to justify investigating this complaint. Consequently, we will not investigate.

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Final decision

11. We will not investigate Mr Y’s complaint because there is not enough evidence of fault by the Council to justify investigating the complaint.

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Investigator's decision on behalf of the Ombudsman