Summary: We will not investigate Mr X’s complaint about the Council’s handling of a Penalty Charge Notice. There is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complains about the Council’s handling of a Penalty Charge Notice (PCN). He says he appealed against the PCN but did not receive a response, which led him to believe he submitted his appeal incorrectly. He then paid the PCN but later received correspondence from the Council that it sent him a Notice of Rejection, however he did not receive this.
2. Mr X says due to the passage of time he had to pay the PCN at an increased rate. He says the matter has made him lose trust in the Council. He wants the Council to have more secure communication via email.

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The Ombudsman’s role and powers

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

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How I considered this complaint

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

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My assessment

6. The evidence I have seen shows the Council sent Mr X the Notice of Rejection by way of post to the address registered with the Driver and Vehicle Licensing Agency (DVLA) at the time. The Council has advised that nothing has been returned as undelivered by the Royal Mail.
7. We cannot say, on the balance of probabilities, that the reason Mr X did not receive the Notice of Rejection is due to fault by the Council. Notice of Rejections are legal notices and must be served to the DVLA registered address. There is not enough evidence of fault on this point to justify us investigating.
8. If a person does not appeal, or pay the PCN, after the Notice of Rejection, then the Council can issue a charge certificate which increases the PCN. Therefore, the Council was entitled to escalate the PCN in these circumstances and there is not enough evidence of fault to justify us investigating.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman