Summary: We will not investigate this complaint about a Penalty Charge Notice because the Council has recalled the case from the bailiffs and cancelled the fine.

The complaint

1. The complainant, Mr X, complains the Council will not cancel a Penalty Charge Notice (PCN) even though he provided evidence that the vehicle number plate had been cloned. Mr X wants the Council to cancel the PCN.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the correspondence about the PCN and an update from the Council stating it has cancelled the PCN. I also considered our Assessment Code.

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My assessment

4. The Council sent Mr X a PCN. Mr X contacted the Council to dispute it and the Council told him how he could challenge the fine. Mr X tried to challenge the PCN but his challenge was too late. Nevertheless, he explained he was not responsible for the contravention because his vehicle number plate had been cloned; he provided a crime reference number. Although his challenge was late the Council checked with the police; the police could not link the crime reference to the vehicle.
5. The Council continued to follow the statutory process to enforce an unpaid PCN. This led to the Council involving bailiffs. Mr X again tried to lodge a late challenge and the Council told him he could apply to the court for a witness statement. The Council put bailiff action on hold pending the court making a decision about the witness statement.
6. In June the police told the Council Mr X had provided a valid crime reference number. The Council recalled the case from the bailiffs and cancelled the PCN.
7. I will not investigate this complaint because the matter has been resolved. The Council cancelled the PCN after it received confirmation from the police that the crime reference was correct. The Council acted appropriately by cancelling the PCN as soon as it received the police confirmation.

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Final decision

8. We will not investigate this complaint because the Council acted appropriately by cancelling the PCN and Mr X has the outcome he hoped for.

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Investigator's decision on behalf of the Ombudsman