Summary: We will not investigate this complaint about repayment of a Penalty Charge Notice because we are satisfied with the actions an organisation has taken.

The complaint

1. Mr Y complained the Council failed to repay a penalty for a Penalty Charge Notice (PCN) that was collected by bailiffs despite an order being issued by the Traffic Enforcement Centre (TEC) to do so.
2. Mr Y says this has caused him a financial loss of £409 and he has had to spend time dealing with the matter, causing him distress and anxiety.

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The Ombudsman’s role and powers

3. 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

4. I considered information Mr Y and the Council provided, the Ombudsman’s Assessment Code and our Guidance on Remedies.

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My assessment

5. Mr Y submitted representations to the Council after receiving a PCN in December 2022 but later paid the penalty and costs of enforcement of £409 after he was contacted by bailiffs. Mr Y later appealed the PCN to the TEC based at Northampton County Court and was successful in the appeal in November 2023 with Charge Certificate registering the debt for the unpaid penalty being revoked.
6. However, the Council then failed to refund the amount Mr Y had paid, despite his requests to do so. Mr Y then approached us in early January 2024. The Council responded to Mr Y’s complaint in late January, apologising for the delay and confirming it had now refunded the money to Mr Y.
7. As the Council has apologised for its delay in making the refund and has now repaid the £409 to Mr Y, we are satisfied that the actions taken have sufficiently remedied the injustice caused by the Council’s fault. Consequently, as we must use public money carefully and we are satisfied with the remedy the Council has now provided, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr Y’s complaint because we are satisfied with the actions an organisation has taken.

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Investigator's decision on behalf of the Ombudsman