Summary: We will not investigate this complaint about Enforcement action relating to Penalty Charge Notices because we are satisfied with the actions the Council has proposed to take.

The complaint

1. Miss Y complained enforcement agents acting on behalf of the Council have repeatedly contacted her about a debt for various Penalty Charge Notices (PCNs) owed by a person who fraudulently used her name and address to purchase a car.
2. Miss Y says she told the Council several times that the person did not live at her address but was still contacted by enforcement agents about the issues, causing her upset and inconvenience.

Back to top

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 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)
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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council has admitted fault in not updating systems for the PCNs as quickly as it should have. It has agreed that this led to further contact by two different sets of enforcement agents acting on its behalf. It confirmed in its final response that the PCNs issued have been cancelled and enforcement agents work cancelled. It has also apologised and acknowledged the issues and distress caused and has offered £250 to Miss Y to recognise the emotional impact on her.
7. As the Council has properly considered the complaint and its impact, it is unlikely the Ombudsman would be able to add to the original investigation. Further, the Council has offered a proportionate and appropriate remedy for the injustice caused by its fault which is in accordance with our guidance on remedies. We are therefore satisfied with the remedy the Council has offered and it is unlikely further consideration of this complaint would lead to a different outcome. We provide a free service but must use public money carefully. For these reasons, we will not investigate this complaint.

Back to top

Final decision

8. We will not investigate Miss Y’s complaint because we are satisfied with the actions the Council has proposed to take.

Back to top

Investigator's decision on behalf of the Ombudsman