Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice. This is because the matter did not cause Ms X significant enough injustice to warrant investigation.

The complaint

1. Ms X complains the Council agreed to accept payment for a penalty charge notice (PCN) at the discounted rate of £40, following her appeal to London Tribunals, if she agreed to withdraw her appeal.
2. Ms X withdrew her appeal but the Council then issued her a charge certificate, increasing the amount of the penalty charge and threatening further action if she did not pay. The Council has confirmed it issued the charge certificate in error and that the PCN is paid and closed. It has apologised, but Ms X asks that it pays her £250 for her stress and anxiety.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

5. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. I understand Ms X suffered some injustice from the incorrect issue of the charge certificate, but the Council did not register the unpaid PCN with the court and any PCNs registered in this way are not recorded as a county court judgement. In the circumstances I am not satisfied the injustice caused is significant enough to warrant investigation or a financial remedy.

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Final decision

7. We will not investigate this complaint. This is because the Council’s actions did not cause Ms X significant enough injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman