Summary: We will not investigate Mr X’s complaint about the Authority’s refusal to reduce the Penalty Charge Notices. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Authority increased the Penalty Charge Notices (PCN) despite his appeal. And that it threatened to increase the charge further if not paid within advised timescales.
2. Mr X appealed the PCNs unsuccessfully. He wants to pay the PCNs at the original or reduced rate.

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The Ombudsman’s role and powers

3. 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))
4. 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

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Mr X’s complaint. The Authority outlined the original PCN amount which reduces only if the PCNs are paid within 14 days.
8. Mr X did not pay the PCNs within the required timescale, rather he chose to appeal so the charge remained at the original amount. There is not enough evidence of fault by the Authority, so I will not investigate.
9. Further, when an appeal is unsuccessful, the Authority can issue a charge certificate which increases the charge payable. I appreciate Mr X is unhappy but there is not enough evidence of fault by the Authority to justify investigating.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman