Summary: Miss E complained the Council did not tell her she would lose the right to pay the discounted rate if she challenged the penalty charge notice. We do not find the Council was at fault.

The complaint

1. Miss E complained the Council did not tell her she would lose the right to pay the discounted rate if she challenged the penalty charge notice (PCN). She says she is now £60 out of pocket because of the Council’s failures.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered information from Miss E and the Council.
5. Miss E and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Road User Charging Schemes Regulations 2013

6. A PCN can be issued to any driver for a parking contravention, for driving in a prohibited zone or for failing to pay a required charge.
7. The charging authority has a duty to consider representations made to them within 28 days of the road user receiving the PCN. The authority must consider the representations within 56 days.
8. If the authority rejects the representations made it must tell the road user of their right to appeal to the Traffic Penalty Tribunal.

The Council’s policy

9. The Council introduced a clean air zone with penalties for vehicles driving in the zone that do not meet the emission standards and where payment is not made within the specified period.
10. The Council applies a fixed penalty charge of £120 and will discount this charge by 50% if a person pays the penalty charge within 14 days. People can challenge the PCN but if it is unsuccessful then the full amount must be paid.

What happened

11. Miss E drove in the clean air zone without paying the applicable charge. She received a PCN which said she had 28 days to either pay the penalty charge of £120 (reduced to £60 if paid within 14 days) or make representations if she disagreed with the penalty charge.
12. Miss E decided to make representations. The Council responded to her 49 days later. It rejected her representations and said she had 28 days to either pay £120 or appeal to the Traffic Penalty Tribunal.
13. Miss E paid £120 and complained to the Council. She said it had failed to make it clear on the PCN that if she made representations the charge would increase to £120.
14. The Council responded to Miss E’s complaint and said to take advantage of the discounted rate, she should have paid within 14 days.
15. Miss E contacted the Council again and re-iterated the PCN should have been clearer about her options.
16. The Council issued its final response to Miss E’s complaint. It said the PCN clearly outlined the only option to pay at the discounted rate is if the charge is paid within 14 days.
17. Miss E remained dissatisfied with the Council’s response and referred her complaint to the Ombudsman.

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Analysis

18. The PCN is clear that Miss E could either pay the discounted rate within 14 days or make representations to the Council. Miss E chose not to pay the discounted rate within 14 days and so she lost her opportunity. There is nothing within the Road User Charging Schemes Regulations 2013 that says councils must re-offer the discounted rate when responding to representations. Therefore, I find no fault with the Council’s actions.
19. Miss E says the Council took a long time to respond to her representations. However, councils have 56 days to respond to representations. The Council adhered to this, and therefore I do not find fault.

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Final decision

20. I have completed my investigation. The Council was not at fault.

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Investigator's decision on behalf of the Ombudsman