Summary: We will not investigate this complaint about the amount of a Penalty Charge Notice because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, says the Council did not re-offer the discounted rate for a Penalty Charge Notice (PCN) after he made representations. He also complains the Council did not tell him about a change in policy.

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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 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered information on the PCN, the Council’s website and our Assessment Code.

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My assessment

4. Following a consultation, the Council decided in July 2024 not to re-offer the discount for a PCN when someone challenges a PCN. The consultation and policy decision were explained on the Council’s website; all PCNs since July have included the following statement: “any challenge made is against the full charge and the 14 day discount will not be offered.”
5. Mr X received a PCN in August. The discounted rate of £65. Mr X challenged the fine and thought the Council would re-offer the discounted rate if rejected. The Council rejected the challenge and, in line with the new policy, said the fine was £130.
6. Mr X did not pay so the Council issued a charge certificate and the fine increased to £130. Mr X paid £130 but says the Council should make a refund and reduce the fine to £65. He says the Council did not publicise the new rules and did not respond to his enquiry.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The law does not require councils to re-offer the discount. The Council used to re-offer it but changed the policy last year. The consultation and decision were publicised and the new rules are stated on the PCN and on the website. I appreciate Mr X was unaware of the new policy, but the changes were advertised and the information is stated on each PCN. Mr X says the Council did not respond to an enquiry but he could have paid £130 and then continued with an enquiry or complaint and sought a refund if his complaint was upheld.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman