Summary: We will not investigate this complaint about the Council’s handling of a Penalty Charge Notice. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

The complaint

1. Mr X complains about the Council’s handling of a Penalty Charge Notice (PCN). He says problems with the Council’s system prevented him from making representations within the original 14-day period. He wants the Council to remove his liability for the PCN and refund the charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

I considered information provided by Mr X and the Council.

I considered the Ombudsman’s Assessment Code.

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My assessment

3. The Council issued Mr X with a PCN. Mr X says technical issues with the Council’s online system stopped him from challenging it within the 14-day discount period. He also says a Council officer wrongly told him the discount period would be extended. The Council later rejected his representations, but did not allow him to pay the discounted charge. Mr X therefore paid the full penalty.
4. If we were to investigate, it is likely we would find fault causing the complainant injustice. The Council accepts technical issues with its online system may have prevented Mr X from making representations within the 14-day period. This meant he lost the chance to challenge the PCN, and, if his challenge was unsuccessful, pay the discounted rate.

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Agreed action

5. The Council agreed to resolve the matters in paragraph 5 and will do the following to put things right:
• Apologise to Mr X for the technical difficulties which prevented him from submitting his representations within the required time.
• Refund the £80 difference between the discounted rate and full PCN charge.
6. The Council will complete these points within one month of the date of this decision statement.

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Final decision

7. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr X.

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Investigator's decision on behalf of the Ombudsman