Summary: Miss X complained about the way the Council dealt with her representations when she challenged penalty charge notices she had received. Miss X said she suffered avoidable upset and costs in trying to resolve the matter which had an impact on her mental health. We have found fault by the Council but consider the agreed action of an apology and symbolic payment provides a suitable remedy in addition to action already taken by the Council to cancel the notices.

The complaint

1. The complainant, Miss X, complains about the way the Council dealt with her representations when she challenged penalty charge notices (PCNs) she had received. Miss X says the notices related to a car she was no longer the registered owner for and provided the Council with relevant evidence. However, Miss X continued to receive further notices.
2. Miss X says because of the Council’s fault she suffered avoidable upset and costs in trying to resolve the matter which had an impact on her mental health.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. I read the papers provided by Miss X and discussed the complaint with her. I have also considered information from the Council. I have explained my draft decision to Miss X and the Council and provided an opportunity for comment.
8. We decided to exercise discretion to investigate the complaint as it would have been unreasonable for Miss X in the particular circumstances to have used her right of appeal.

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What I found

9. The Council has confirmed that Miss X made separate representations on 4 of the 12 PCNs issued to her in February 2024. Miss X’s representations explained she had sold the car at the end of December 2023. Miss X provided the details for the new registered owner. The Council issued a Notice of Acceptance for each of the 4 PCNs to Miss X in March to advise that her representations had been accepted and the Notices to Owner had been withdrawn.
10. The Council has accepted it did not action the remaining 8 PCNs at that time to discharge Miss X’s liability for these PCNs.
11. Miss X wrote to the Council in June about all 12 PCNs that had been issued to her and the impact that ongoing enforcement contact was having on her health. Miss X explained she had responded promptly to the original PCNs to confirm she longer owned the car but during the period waiting for them to be cancelled had received further PCNs. Miss X further explained she did not action the additional PCNs as she had assumed they were duplicates and, in any event, thought the issue had been resolved as it had been accepted she was no longer the registered owner.
12. The Council sent a Notice of Acceptance to Miss X for each of the remaining 8 PCNs in July advising that her representation had been accepted and that the Notices to Owner had been withdrawn.
13. The Council has confirmed that it had issued staff an instruction in January 2023 that should representations be received where there were multiple cases, that all the cases should be actioned at the same time. The Council has accepted this did not happen when Miss X contacted it about her PCNs. I am satisfied this fault will have caused Miss X avoidable upset and costs in trying to resolve the matter.
14. The Council has confirmed it would wish to apologise to Miss X for this error. The Council has also confirmed it has issued a reminder to staff about how such cases should be dealt with in future.
15. The Ombudsman would welcome this action which, in addition to the PCNs being cancelled, provides a partial remedy to Miss X’s complaint. However, in the circumstances of this complaint I consider a further remedy is required. I have not made an additional recommendation about a service improvement given the action the Council has already taken.

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Agreed action

16. The Council will take the following action within eight weeks of my final decision to provide a suitable remedy to Miss X:
1. write to Miss X to apologise for failing to follow its own guidance that if representations are received about penalty charge notices where there are multiple cases all the cases should be actioned at the same time; and
2. pay Miss X £125 to recognise her avoidable upset and costs in trying to resolve the matter.
17. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
18. The Council should provide us with evidence it has complied with the above actions.

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Final decision

19. I have completed my investigation as I have found fault but consider the agreed action provides a suitable remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman