Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice issued for a moving traffic contravention. This is because there is not enough evidence of fault to justify further investigation.

The complaint

1. Mr X complains he did not receive the Penalty Charge Notice (PCN) and only became aware of the matter when he received the charge certificate.

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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 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 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

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. The Council issued a PCN to Mr X for a moving traffic contravention.
6. Mr X says he did not receive the PCN and only became aware of the matter when he received the Charge Certificate. He paid the increased amount at that stage but says he would have paid the lower amount if he had received the original PCN.
7. I will not investigate Mr X’s complaint because there is insufficient evidence of fault. There is no requirement for the Council to ensure a motorist receives a PCN, only that is properly served and there is not enough evidence to show, on the balance of probabilities, that the Council did not send it.

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Final decision

8. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault to justify further investigation.

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Investigator's decision on behalf of the Ombudsman