Summary: We will not investigate this complaint about the Council’s decision not to allow Miss X to pay a reduced rate penalty charge notice as it is unlikely we will find fault by the Council.

The complaint

1. Miss X complains the Council has failed to consider whether to exercise its discretion to allow her to pay a reduced rate penalty charge notice (PCN). Miss X says this has caused her financial hardship.

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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 (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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Background

6. Miss X appealed to London Tribunals (LT) against two PCNs the Council issued to her. LT refused Miss X’s appeals and ordered her to pay the £160 PCNs.
7. Following this, Miss X asked the Council to allow her to settle the PCNs at the discounted rate of £80. Miss X said it was unfair that she should be financially penalised for engaging with the appeal process provided in law and said she would be financially disadvantaged by paying the full amount. Miss X feels the Council has not properly considered its discretion to allow her to pay a lower amount.
8. The Council advised Miss X is would not re-offer the discounted amount at the stage in the process she had reached. The Council signposted Miss X to a debt advice charity.

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My Assessment

9. The law allows a motorist to pay a PCN at a discounted rate, 50% lower, if it is paid within 14 days. If a motorist decides to appeal the PCN, the option to pay at the discounted rate is lost. Miss X, in choosing to appeal, lost the right to pay the discounted PCN. This is not because of fault by the Council, but is the procedure set out in law.
10. The Council considered Miss X’s request to pay the discounted amount but refused it, having taken note of what Miss X said about the financial impact of the PCNs on her. It is unlikely we will find fault in the Council’s consideration of this.
11. I recognise Miss X remains unhappy, but we will not investigate as it is unlikely we will find fault by the Council in its decision making and without such fault, we cannot question the merits of the decision.

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Final decision

12. We will not investigate Miss X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman