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

The complaint

1. Ms Y complained the Council failed to send correspondence to her by email relating to four Penalty Charge Notices (PCNs). Ms Y says this led to her missing the correspondence which she then had to pay to enforcement agents.
2. Ms Y says the payment affected her financially and she is seeking a refund of £1,590.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. While Ms Y may have left the UK and therefore asked any future correspondence for PCNs to be sent to her by email, the Council is required to send PCNs and other related correspondence to the address of the registered keeper of the vehicle by post.
7. The address for the registered keeper is obtained by the Council from the DVLA. As the Council was acting to fulfil this requirement by sending correspondence by post, there is not enough evidence of fault to justify investigating for not also having sent correspondence by email for other PCNs. We will not investigate.
8. Further, the Council has considered Ms Y’s explanation of why she was driving in the area, which related to work she had found nearby. The Council considered the circumstances but decided not to exercise its discretion to cancel the PCNs. As it has considered the points put forward by Ms Y, its discretion and the contravention properly before reaching a decision, we would not be able to find fault in the decision simply because Ms Y disagrees with it. Consequently, we will not investigate.

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Final decision

9. We will not investigate Ms 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