Summary: We will not investigate this complaint about the Council incorrectly issuing a Notice to Owner to the car rental company resulting in an administration fee. This is because there is not enough justification for us to call on the Council to provide the remedy Mr X is seeking. The Council have corrected the fault. It is not unreasonable to expect Mr X to contact the rental company with whom he had the agreement.

The complaint

1. The complainant, Mr X, complained the Council failed to recognise he had paid a penalty charge notice (PCN), resulting it sending a Notice to Owner to the car rental company which then charged him an administration fee of £25.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Mr X has had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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My assessment

7. Mr X received a PCN for a rental vehicle. He paid the amount due online using the Council’s website. But, due to an error in the Council’s system, this did not close the matter. The Council then issued the Notice to Owner to the rental company. Due to a section in its rental agreement with the Mr X, the rental company then charged Mr X an administration fee of £25.
8. A penalty charge notice is deemed ‘paid’ as soon as the payment arrives at any payment office belonging to the enforcement authority that issued the PCN. Whether this is the parking payment office or another payment office, the enforcement authority should promptly close the case. An authority’s system should accurately record the day on which it receives the payments so that no further enforcement action is taken.
9. To put things right Mr X is seeking an apology and explanation from the Council, reimbursement of the £25 fee and £200 for his stress, inconvenience, time and trouble. There is not enough justification for us to call on the Council to provide the remedy Mr X is seeking. It has recognised the fault and issued a letter to the rental company confirming its error. We could not add to the Council’s investigation. The Council said it cannot refund payments it has not received. Mr X’s agreement is with the rental company, so it is not unreasonable to ask him to contact them about a refund of its administration fee.

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Final decision

10. We will not investigate Mr X’s complaint because the Council has recognised its fault and sent a letter to the rental company. It is not unreasonable to expect Mr X to contact the rental company about a refund.

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Investigator's decision on behalf of the Ombudsman