Summary: We will not investigate this complaint about the Council’s online payment facility for penalty charge notice payments as there is insufficient evidence of fault by the Council. Mr X is not caused a level of injustice from any alleged fault from the Council’s complaint handling as a separate matter and our involvement in that is not therefore warranted.

The complaint

1. Mr X complains about systemic failure in the Council’s penalty charge notice (PCN) payment infrastructure which he says obstructed his right to settle the PCN at the discounted amount. Mr X also complains the Council failed to properly respond to the complaints he made to it about this. Mr X says this has caused him distress and time and trouble.

Back to top

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 insufficient evidence of fault or any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In its complaint responses, the Council said that when it emailed its rejection of Mr X’s representations against the PCN, it advised him to wait up to six hours if he wished to pay, rather than appeal, to allow the system to update. Mr X tried to pay the PCN that evening, but the system showed the wrong amount. Mr X was able to pay the correct amount the following morning. The Council acknowledged it would be beneficial for its system to allow instantaneous payments, and it said it would seek this enhancement in future upgrades.
6. I recognise Mr X feels the Council’s payment system is inadequate, but he was not caused significant injustice from this as he was able to pay the correct amount the day after his representations had been rejected. I do not consider there are public interest grounds to investigate given the Council includes instructions on how to pay when it rejects representations and is planning to upgrade its payment system when it can.
7. I do not consider that any fault in how the Council responded to Mr X’s complaints, as a separate matter, caused him a level of injustice significant enough to justify our further involvement. We will not therefore investigate.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault or fault causing Mr X a significant injustice and our further involvement is therefore not warranted.

Back to top

Investigator's decision on behalf of the Ombudsman