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

The complaint

1. Mr Y complained the Council increased the penalty on two Penalty Charge Notices (PCN) after he used the Council’s website, which requires a two-stage authorisation for payments.
2. Mr Y says this is confusing and misleading as users need to read the small print to understand that the payment had not been fully completed. Mr Y says this led to him trying to make payment, but having not completed this fully, the penalties later increased to over £200.

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

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My assessment

5. Mr Y received two PCNs in the Council’s area. He used the Council’s website to pay for the PCNs. On one screen it said, “payment confirmation”, which Mr Y believed meant that he had made payment for the penalties. However, this was incorrect and the payment had not been taken. This resulted in the penalties being increased.
6. Mr Y contacted the Council to query the increase in June 2022. The Council responded in August explaining that Mr Y had not completed the payment. Mr Y then complained.
7. The Council replied in September. It highlighted Mr Y’s right to make representations against the PCNs if he had wished. It denied fault, saying that it was not liable for user error of its website and that Mr Y was responsible for ensuring he had completed the process, which if completed would provide him with a payment reference number. Mr Y then approached us.

Analysis

8. While Mr Y may have found the process of paying the PCNs confusing, as the owner of the vehicle, he is responsible for ensuring the payment of any penalties issued is completed fully. In this case, it was not the Council’s actions which led to the claimed injustice and there is no evidence which suggests the Council was at fault. Therefore, we will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman