Summary: We will not investigate this complaint about the enforcement action relating to a Penalty Charge Notice because any injustice is not significant enough to justify our investigation.

The complaint

1. Miss Y complained enforcement agents acting on behalf of the Council refused to allow her to pay an outstanding debt for a Penalty Charge Notice (PCN) in instalments and attended her property, clamping her car, without warning.
2. Miss Y says she was shocked when she found her vehicle had been clamped, several months after the initial PCN and felt it was unfair she was not able to pay in instalments, causing her financial difficulty.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered the information Miss Y provided and the Ombudsman’s Assessment Code. I also spoke to Miss Y by telephone.

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My assessment

5. Miss Y initially complained to the Council, before approaching us in April 2023. The Council gave its initial response in April, denying fault. In May, it then agreed to allow Miss Y to pay the outstanding debt in instalments of £170 per month.
6. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
7. As Miss Y has been able to set up a payment plan with the Council, any injustice which may have been caused by previously not being able to pay in instalments has been remedied, so we will not investigate this issue.
8. Miss Y has sought to continue her complaint with us, despite a payment plan now being arranged, because of the shock of finding her vehicle clamped and needing to deal with enforcement officers which she found upsetting.
9. While Miss Y may have been upset, this remaining injustice is not a significant enough to justify our investigation as it is not a serious loss or harm. We will not investigate.

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Final decision

10. We will not investigate Miss Y’s complaint because any injustice is not significant enough to justify our investigation.

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Investigator's decision on behalf of the Ombudsman