Summary: We will not investigate Mr X’s complaint about the Council’s pursuit of payment for an unpaid penalty charge notice. This is because the Council has agreed to cancel the penalty charge notice and it is unlikely investigation would achieve anything more for Mr X.

The complaint

1. The complainant, Mr X, complains the Council’s enforcement agents (bailiffs) have harassed him for payment of a penalty charge notice (PCN) he has already paid.

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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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council and its bailiffs have confirmed to Mr X that although he paid a PCN it had issued him two; one therefore remained outstanding and the Council escalated it through the statutory process. Mr X did not pay the second PCN so the Council registered it with the Traffic Enforcement Centre and passed it to its bailiffs to recover payment from him.
6. As a result of Mr X’s complaint the Council has agreed to exercise its discretion to cancel the second PCN and it will therefore take no further action. The Council’s agreement to cancel the PCN provides a suitable remedy for the complaint and it is unlikely we would recommend anything more.

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Final decision

7. We will not investigate this complaint. This is because we are satisfied with the Council’s agreement to cancel the PCN and it is unlikely investigation would achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman