Summary: We will not investigate this complaint that the Council would not allow the complainant to pay a Penalty Charge Notice at the discounted rate of £25. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, Mr X, complains the Council did not give him the chance to pay a Penalty Charge Notice (PCN) at the discounted rate of £25. Mr X wants a £25 refund.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the correspondence about the PCN and a photograph showing the fine attached to the car. I also considered our Assessment Code.

Back to top

My assessment

4. When a council issues a PCN by attaching it to a vehicle the driver has 14 days from the date the fine was issued to pay at the discounted rate.
5. The Council attached a PCN to Mr X’s vehicle on 4 January 2024. Mr X had 14 days to pay at the discounted rate of £25.
6. The Council did not receive payment from Mr X. The Council sent a Notice to Owner on 13 February. The Notice explained Mr X could pay £50 or challenge the fine. Mr X paid £25 a few days later.
7. The Council asked Mr X to pay an additional £25 because the discounted rate had expired. Mr X said he was liable for £25 because he was only notified of the fine in February, after the 14 days had ended.
8. The Council told Mr X the deadline to pay £25 expired in January. It said he could pay the outstanding £25 or wait and apply to the court for a Witness Statement. People can apply for a Witness Statement if they did not receive the PCN. The court decides whether to issue a Witness Statement.
9. Mr X paid the additional £25 a few days later and the Council closed the case.
10. Mr X says the Council should give him a £25 refund because it did not give him the chance to pay at the discounted rate.
11. I will not start an investigation because there is insufficient evidence of fault by the Council. The discount period started from the date the Council attached the PCN to the car. Mr X did not pay within 14 days so he lost the chance to pay at the discounted rate. Mr X may not have seen the PCN on the car, and may have been unaware of the fine until he received the Notice to Owner, but this does not mean the Council did anything wrong. In addition, rather than paying the additional £25 Mr X could have applied for a Witness Statement.
12. Further, even if there had been fault by the Council (and I am not saying there was) a dispute over £25 does not represent a level of injustice requiring an investigation.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and injustice.

Back to top

Investigator's decision on behalf of the Ombudsman