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

The complaint

1. Mr Y complained the Council did not take account of him being out of the country when it issued a Penalty Charge Notice (PCN) and gave him 28 days to pay. He also complained the amount was not then reduced by the Council after Mr Y explained the delay in making payment.
2. Mr Y says this has caused irritation and he has paid £70 more than he feels he should.

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

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My assessment

5. The Council issued a PCN to Mr Y in December 2022. Mr Y was out of the country until late January 2023. During this time the 28 days deadline for payment of the penalty at a reduced rate passed. Mr Y says he paid the penalty at the reduced amount on his return and sent an email to the Council to explain the late payment. However, Mr Y was then contacted in February saying that the remaining amount of £70 was still due. He then paid the outstanding amount.
6. Mr Y complained to the Council in April. The Council said as the penalty had now been paid the matter was closed and it had no further response. Mr Y then approached us.

Analysis

7. Mr Y has not disputed the validity of the PCN. There is a set procedure Council must follow when issuing a PCN. This includes a period of 28 days in which payment must be made, often with a 14-day discounted penalty period. If the penalty is not paid within this set period, the full amount becomes payable.
8. In this case, the payment was made after the 28-day period had passed. As the payment was not made before the deadline, the Council increased the amount to the full penalty and did not allow a discount rate. While Mr Y was out of the country, this is not something the Council was required to consider when the 28-day period was set with the issuing of the PCN. It is therefore unlikely we would find fault with the Council’s withdrawal of the discount on the penalty. Consequently, 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