Summary: We will not investigate this complaint about two Penalty Charge Notices. This is because the complaint is late with no good reason to exercise discretion the investigation.

The complaint

1. Mr Y complained the Council has wrongly pursued him for two Penalty Charge Notices (PCNs) for a vehicle he no longer owned. Mr Y has now had to set up a payment plan with a bailiff, despite disputing that he owes any payment.
2. Mr Y says this has caused him mental distress and financial difficulties.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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. Mr Y received two PCNs for a vehicle he had previously sold in December 2020. He contacted the Council to complain. He also contacted the DVLA to update the vehicle registered keeper details. The DVLA confirmed the change, dated back to July 2020 in a letter dated February 2021. Mr Y provided this to the Council, but the Council said this information was not sufficient to transfer the liability for the PCNs and asked for further details. Mr Y then approached us in December 2022.

Analysis

6. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
7. Mr Y’s was aware of his reason to complain about the Council’s actions in December 2020 when he first became aware of the PCNs and when the Council refused to transfer liability, more than 12 months ago. Consequently, his complaint is now late.
8. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring the complaint to us within 12 months of knowing about the matter, despite having been able to approach other bodies. It is reasonable to expect him to have complained to us sooner. Therefore we will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because it is late with no good reasons to exercise discretion to investigate now.

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Investigator's decision on behalf of the Ombudsman