Summary: We will not investigate Mr X’s complaint about the Council’s handling of a penalty charge notice. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X complains he did not receive a penalty charge notice (PCN) from the Council and did not therefore have the opportunity to pay the PCN at the discounted rate of £60. The Council escalated the case as a result of Mr X’s non-payment and Mr X’s partner has now paid it at an increased rate of £190. Mr X wants the Council to refund the difference.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is clearly frustrated that he did not have the opportunity to pay the PCN at the discounted rate but we could not show, on balance, that this was the result of any fault by the Council. There is no requirement for the Council to send PCNs by registered post or to prove delivery, and it is therefore just as likely that the issue results from failures in the postal service rather than any fault by the Council.
7. The Council has discretion to cancel PCNs or to reduce the amount of a PCN in any circumstances, but it is for the Council to decide whether and when to use it. The Council’s correspondence with Mr X shows it considered whether to exercise its discretion in this case but decided not to, and there is no basis for us to question or criticise its decision.

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Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman