Summary: We will not investigate this complaint about the Council’s actions relating to a penalty charge notice. This is because the Council was following the statutory procedure after a non-payment of fine and it is unlikely we would find fault. Additionally, Mrs X has now paid her notice and there is no worthwhile outcome achievable.

The complaint

1. Mrs X complained the Council was threatening and intimidating after it sent a letter warning her of recovery action, for an earlier unpaid penalty charge notice (PCN). Mrs X said she unaware of the PCN and the Council’s actions caused her to be unnecessarily stressed.

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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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating, or there is no worthwhile outcome achievable by our investigation.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If a motorist breaks moving traffic rules, they might receive a fine. This fine is called a Penalty Charge Notice. The authority will send the notice to the person who appears to own the vehicle (usually the registered keeper) by post. The notice will show the fine amount and how to appeal.
6. The motorist has 28 days from the date of the notice to pay the fine or ‘make representations’ against it. The fine is usually halved if it is paid within 14 days.
7. The Authority can issue a charge certificate which increases the fine by 50% if the fine is not paid.
8. If the fine is still not paid, the authority can register the debt with the Traffic Enforcement Centre at Northampton County Court. The authority can then ask enforcement agents (bailiffs) to collect payment for the fine and the bailiff’s costs.
9. Mrs X received a charge certificate and wrote to the Council saying this was unreasonable because it was the first she was aware of any traffic contravention. From the information I have seen, the Council subsequently reissued Mrs X a PCN at the original fine level, which has now been paid.
10. I will not investigate Mrs X’s complaint about the Council issuing charge certificate, because it is unlikely we would find fault. The Council were following the statutory procedure because the fine was still outstanding. In any case, there is no worthwhile outcome achievable, because Mrs X has now paid the original PCN and accepted liability.

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Final decision

11. We will not investigate Mrs X’s complaint because it is unlikely we would find fault and there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman