Summary: We will not investigate Ms X’s complaint about the Council’s oversight of Enforcement Agents recovering fees for a Penalty Charge Notice (PCN). The Council has offered to waive charges and allow Ms X to pay the reduced PCN rate of £65. We are unlikely to achieve anything more by investigating this complaint further.

The complaint

1. Ms X complains the Council has failed to properly oversee enforcement by Agents in their recovery of fees for a Penalty Charge Notice (PCN). Ms X says she did not receive earlier notices until Enforcement Agents became involved. She has raised concerns about her vulnerability with the Enforcement Agents, which she believes they and the Council have ignored. She is fearful of Enforcement Agents making unannounced visits to her home.

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 no worthwhile outcome achievable by our investigation. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Enforcement Agent has responded to Ms X’s complaint about its recovery action. It has noted her vulnerability and its dedicated team was in the process of engaging with Ms X about the outstanding charges. The Council then responded to contact from Ms X and offered to waive the additional fees added to the original PCN fine.
6. In response to our enquiries, the Council has now offered to further reduce the amount owed to £65 which is the discounted rate payable for PCNs that are settled early in the process.
7. The Council’s proposed offer provides a fair and satisfactory resolution to Ms X’s complaint. We will not investigate because there is nothing more we could meaningfully achieve by doing so.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because there is no worthwhile outcome achievable by our investigation.

Back to top

Investigator's decision on behalf of the Ombudsman