Summary: We will not investigate Ms X’s complaint about parking availability near her home and the Council’s refusal to refund bailiff fees incurred following the escalation of two Penalty Charge Notices. It is unlikely an investigation would find fault or achieve the outcome Ms X wants.

The complaint

1. Ms X complains about the availability of parking near her home and that the Council refused to put two Penalty Charge Notices (PCNs) on hold whilst it investigated her complaint about the matter. She said this has caused distress and led to bailiff action which has caused financial hardship. She wants the Council to reimburse her the bailiff fees.

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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 not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

The statutory process for Penalty Charge Notices (PCNs)

5. There is a set procedure councils must follow when pursuing PCNs for parking contraventions. When a council identifies a contravention, it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal.
6. The owner has 28 days from the date of the notice to pay the penalty charge or make representations against it. For the first 14 days after the PCN they may pay at a discounted rate of 50% of the full fine.
7. If the owner does not pay the PCN or challenge it, or if their representations are unsuccessful, the council may issue a charge certificate increasing the amount of the penalty charge by 50%. If the charge remains unpaid the council may then register the debt with the county court and serve an order for recovery, providing a basis for action by enforcement agents (bailiffs) to recover payment from the motorist.

Ms X’s complaint

8. Ms X says the Council did not tell her she would not have an allocated parking space before she signed a tenancy agreement for a property. She said she asked the Council to put the PCNs on hold whilst it investigated her complaint, but it did not do this. This led to her incurring increased charges.
9. In its initial complaint response, the Council said it would have advised her about parking at the time she accepted the property. It said it was her responsibility to ensure she was satisfied with the arrangements before signing the tenancy agreement. It said despite any parking difficulties, she still had to adhere to the parking regulations. It did not agree to cancel her PCNs or put them on hold.
10. In its final complaint response, the Council acknowledged there had been a delay responding to her complaint escalation request and apologised for this. It said it could not cancel the PCNs as the Council had followed the statutory procedure for issuing the PCNs and was actively pursuing the outstanding debt. It said it would not investigate this matter under its complaints procedure as she had a right of appeal against the PCNs under the statutory process, which she could have used.
11. We will not investigate this complaint. It is the tenant’s responsibility to ensure they are satisfied a property is suitable and can meet their needs, including any parking requirements, before signing a tenancy agreement. The Council says it would have advised her about the parking availability at the time she signed for the property. Although Ms X disputes this, it is unlikely an investigation would reach a finding of fault.
12. When the Council issued the PCNs to Ms X, this would have included information on how to appeal the notices. It was open to Ms X to either pay the charges or use these rights of appeal. This is the correct process to challenge a PCN and as there is a statutory process in place to follow to appeal the notices, we would not expect a Council to also consider this matter under its complaints procedure. Despite a delay in responding to her stage two complaint, Ms X had a right of appeal against the PCNs which she could have used to challenge the notices. Because of this, we could not ask the Council to reimburse the bailiff fees.

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Final decision

13. We will not investigate Ms X’s complaint because it is unlikely an investigation would find fault or achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman