Summary: We will not investigate this complaint about the Council’s handling of a Penalty Charge Notice. This is because there is not enough evidence of fault.

The complaint

1. The complainant, Mrs X, complained the Council pursued her for a Penalty Charge Notice (PCN) she could not afford to pay.

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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
• we cannot achieve the outcome someone wants. (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. The Council issued Mrs X with a PCN which she unsuccessfully challenged to an independent adjudicator. Mrs X then complained to the Council and said she could not afford to pay. Mrs X said the Council had failed to properly consider her “exceptional vulnerability and financial hardship”.
6. In response to Mrs X the Council said it could not cancel the PCN. But it had removed the £80 surcharge imposed when Mrs X had not submitted representations before the 28-day deadline. It also gave Mrs X six weeks to pay the £160 she owed.
7. There is no requirement for the Council to cancel the PCN and that is not something we can achieve. The Council is also not required to offer alternative arrangements such as a payment plan. The Council considered what Mrs X said, removed the surcharge, and gave her the maximum period to pay. While Mrs X disagrees with the Council’s decision, there is not enough evidence of fault for us to intervene.
8. The next stage in the PCN process is for a council to register the unpaid PCN as a debt with the Traffic Enforcement Centre (TEC). Once a PCN is registered with the TEC, a council will refer the matter to enforcement agents (bailiffs) and they will make contact to arrange payment. If the matter proceeds to this stage Mrs X could ask to enter into a formal payment arrangement with the bailiffs and they must consider this request. In the event Mrs X could not pay the PCN at the rate suggested she may need to provide evidence of her finances in order to agree a lower amount which she would find affordable.

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Final decision

9. We will not investigate Mrs 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