Summary: We will not investigate this complaint about a penalty charge notice. This is because there is insufficient evidence of fault by the Council to justify investigation.

The complaint

1. Mr X complains the Council gave him the wrong advice about his residents parking permit covering his temporary hire car. As a result he received a PCN which he must pay to the hire care company. He says this caused him financial hardship.

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The Ombudsman’s role and powers

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)).

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How I considered this complaint

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

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My assessment

3. Mr X hired a car from a hire care company. The Council issued a PCN to the hire company as the registered keeper, for parking without having a valid permit.
4. The Council rejected an informal challenge. It issued a Notice of informal rejection to the hire company because it said there was no permit linked to the vehicle.
5. No payment was made so the Council sent a notice to owner. This gave the owner two options, to pay the full charge or make formal representations to the Council.
6. The hire company paid the PCN in full. As the PCN is paid the Council confirms there is no statutory provision for a retrospective review.
7. The hire company passed the charge on to Mr X with added fees.
8. Mr X remains dissatisfied and would like to pursue his appeal. However, there is insufficient evidence of fault by the Council
9. The Council followed the correct process by sending the Notice to Owner to the registered keeper, the company Mr X from whom hired the car. It was for the company to decide whether to pay or appeal. The company chose to pay so the Council considers the case is closed.
10. Mr X is not the registered keeper, and he is not responsible for paying or appealing. If Mr X does not believe the company dealt with the PCN in accordance with his hire agreement, then he would need to take this up with the company.
11. There is not enough evidence of fault by the Council to warrant investigation by the Ombudsman.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to justify investigation.

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Investigator's decision on behalf of the Ombudsman