Summary: We will not investigate Mr X’s complaint that the Council increased the amount of a penalty charge after he had paid it. This is because the Council has acknowledged its error and apologised to Mr X and it is unlikely we would recommend any further remedy.

The complaint

1. Mr X complains the Council sent him a charge certificate for a penalty charge notice (PCN) he had already paid. He says this caused him confusion and distress.

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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 or continue with 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s car is owned by a lease company, so when the Council issued the PCN it sent it to them.
6. The lease company then provided Mr X’s employer’s details as the lessee so the Council reissued the PCN to Mr X’s employer.
7. Mr X’s employer informed Mr X of the PCN and Mr X paid it at the discounted rate of £65. However, because Mr X leased the vehicle through his employer the Council then reissued the PCN to him directly. It separately confirmed the PCN had been paid and told Mr X he was too late to challenge it.
8. However the Council did not properly record the fact the PCN had been paid and, when Mr X did not pay it again, it escalated the case and issued him a charge certificate. This increased the amount of the penalty charge to £195.
9. The Council has now confirmed it issued the charge certificate in error; it has told Mr X the case is closed and advised him to ignore it. It has also apologised for any inconvenience.
10. Although Mr X believes the Council should pay him compensation for his distress, time and trouble I am satisfied the Council’s apology provides a suitable remedy for the complaint. While Mr X did go to some effort to clarify and resolve the issue this is not significant enough to warrant a financial remedy.

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Final decision

11. We will not investigate this complaint. This is because the Council’s actions provide a suitable remedy for the complaint and it is unlikely further investigation would achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman