Summary: We will not investigate Mr X’s complaint about the Council’s handling of his request to pay a penalty charge notice at the discounted rate. This is because the Council’s actions did not cause Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains he did not have an opportunity to pay a penalty charge notice (PCN) at the discounted rate of £65 following the Council’s refusal of his informal challenge, because he was abroad. He is unhappy with the Council’s handling of his request to re-offer the discount and says its actions caused him distress and worry as he did not want enforcement agents (bailiffs) at his door.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. I appreciate Mr X is frustrated he paid £130 rather than £65 to settle the PCN and that he was worried about possible further action by the Council if he did not pay. But this is not significant enough to warrant investigation or any financial remedy, which is what Mr X wants. There are several further steps the Council would have needed to follow in order to instruct bailiffs to recover payment and I have seen nothing to show the Council told Mr X such action was imminent.
7. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate this complaint. This is because the Council’s actions did not cause Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman