Summary: We will not investigate this complaint about a Penalty Charge Notice. There is not enough evidence of fault to justify investigating and Mr X has not suffered significant injustice.

The complaint

1. Mr X complains the Council wrongly instructed an enforcement agency to recover charges for an unpaid Penalty Charge Notice (PCN). Mr X says enforcement action was taken when he had an Individual Voluntary Agreement (IVA). Mr X says the Council’s decision to use enforcement action caused him distress, anxiety and wasted time. Mr X wants the Council to review its debt recovery processes, issue an apology and provide £5000 financial redress.

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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
• any injustice is not significant enough to justify our involvement.

(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 instructed an Enforcement Agency to recover the debt for an unpaid PCN issued to Mr X.
6. Mr X contacted the Enforcement Agency and provided proof he had an IVA which covered the debt.
7. The Enforcement Agency paused the enforcement action and sent this information to the Council.
8. Mr X says the Council was wrong to start the enforcement action because his IVA covered the debt.
9. There is no statutory duty to check the Individual Insolvency Register before a creditor begins standard enforcement.
10. When the Council instructed the Enforcement Agency to recover the debt, it was unaware Mr X had an IVA.
11. Once the Council became aware of the IVA, it stopped all enforcement action and cancelled the debt and any charges Mr X incurred.
12. We are unlikely to find fault in the Council’s decision to instruct enforcement action. I am satisfied it has followed the correct procedures pursing the debt issued to Mr X. I also do not consider Mr X has suffered any significant injustice because of the alleged fault as the Council has waived the amount outstanding for the PCN. It has confirmed no charges are owed to either the Council or the Enforcement Agency in relation to the PCN.

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Final decision

13. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. Mr X has also not suffered significant injustice.

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Investigator's decision on behalf of the Ombudsman