Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because we are satisfied with the actions the Council has already taken and proposes to take to remedy the injustice caused.

The complaint

1. Mr Y complains the Council has continued to enforce a Penalty Charge Notice (PCN) against him despite him having made payment for the penalty to the Council.
2. Mr Y says this has caused him frustration as he has had to spend his time trying to resolve the issue, including talking to bailiffs.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

4. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
5. I have also considered the Ombudsman’s Guidance on Remedies.

Back to top

My assessment

6. The Council issued a PCN to Mr Y in January 2021. The Council says it did not receive payment and therefore continued the enforcement process, issuing a Charge Certificate in February and an Order for Recovery in August. Mr Y then approached the Council in August, explaining that he had already paid the penalty and provided a receipt for payment of a Fixed Penalty Notice.
7. The Council considered this and responded in September, explaining that the payment had been made to the wrong department, but that it had requested that the payment be transferred to pay the PCN.
8. Between September 2021 and April 2022, the Council continued the progression of the PCN enforcement, including instructing bailiffs to recover the debt. Mr Y then approached us in April.
9. Following initial enquiries to the Council about the complaint, the Council has confirmed the payment had been transferred. It also confirmed the PCN case had now been closed and the Council had notified the bailiffs not to carry our any further enforcement action. It also told us that it will be writing to Mr y to explain this and to apologise for the inconvenience caused.

Analysis

10. It is our aim to put complainants back in the position they would have been in if nothing had gone wrong. We also encourage bodies such as the Council to offer remedies and will not interfere if we consider a proposal addresses the injustice caused.
11. In this case, Mr Y’s injustice has been the continuation of the enforcement action for the PCN he had paid, and the frustration and time spent on the matter as a result of the payment not being applied to the case on the Council’s records.
12. The Council has now agreed that the case will be closed, any further enforcement action will be stopped and has said it will write to Mr Y to confirm this. It has also said it will apologise to Mr Y for the inconvenience caused. This is a satisfactory proposal to address the injustice caused by the Council’s failure to recognise that Mr Y had paid the penalty.
13. As we are satisfied with the actions the Council has already taken and still proposes to take to remedy Mr Y’s injustice, we will not investigate this complaint further.

Back to top

Final decision

14. We will not investigate Mr Y’s complaint because we are satisfied with the actions the Council has already taken and proposes to take to remedy the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman