Summary: We will not investigate Miss X’s complaint about the Council’s handling of a penalty charge notice. This is because the Council has agreed to cover the cost of the penalty charge and this provides a suitable remedy for Miss X.

The complaint

1. The complainant, Miss X, complains the Council took too long to progress a penalty charge notice (PCN) and failed to consider her late representations against the PCN.

Back to top

The Ombudsman’s role and powers

2. 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

3. I considered information provided by Miss X’s representative, Mr Y, and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council accepts it failed to consider Miss X’s late representations and whether to offer her a further opportunity to pay at the discounted rate. It also accepts failures in the handling of Miss X’s complaints.

Back to top

Agreed action

6. The Council has agreed to cover the cost of the PCN so Miss X will not receive any further demands for payment and does not need to take any further action. This provides a suitable remedy for the complaint.

Back to top

Final decision

7. We will not investigate this complaint. This is because the Council has agreed to cover the cost of the PCN and this provides a suitable remedy for her injustice.

Back to top

Investigator's decision on behalf of the Ombudsman