Summary: We will not investigate this complaint about Penalty Charge Notices because there is not enough evidence of fault to justify investigating.

The complaint

1. Mrs Y complained the Council has refused to transfer liability for approximately 30 Penalty Charge Notices (PCNs) to third party who had control over her vehicle while it was awaiting repair. She has also complained about how the Council dealt with and handled her complaint.
2. Ms Y says the issue has caused her distress and worry and that in her view she should not be liable for the penalties which she does not intend to pay.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. While Mrs Y was not the driver of the vehicle when it was parked in contravention of parking provisions, she was the registered keeper. Part of the rules councils must follow include that it is the registered keeper of the vehicle that is liable for any penalties, rather than the driver. Also, there is no set limit to the number of PCNs which can be issued to a vehicle where a contravention is believed to have occurred so we would not find fault for the number of PCNs issued in these circumstances.
7. As the Council has issued PCNs to the vehicle, it must pursue the registered keeper of the vehicle for payment of the penalties and is not able to pursue another third party, subject to some exceptions such as for hire vehicles, for payment.
8. We would therefore not find it fault for the Council to consider Mrs Y liable for the payment of the penalties. We will not investigate this. It is for Mrs Y to seek legal advice about how to potentially claim any such costs back from the third party through the courts.
9. Ms Y has also complained about the way the Council dealt with her complaint. However, as we are not investigating the substantive issue, it is not a good use of public funds to investigate how the Council responded to her complaint. We will not investigate.

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Final decision

10. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman