Summary: We will not investigate this complaint that the Authority will not transfer liability of an emission zone penalty charge notice as there is insufficient evidence of fault by the Council.

The complaint

1. Miss X complains Transport for London (TfL) will not transfer liability of an emission zone penalty charge notice (PCN) to the person who was driving the car at the time. Miss X says this has caused her stress and anxiety and impacted on her financially.

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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 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. PCNs are sent to the registered keeper of the vehicle that commits the contravention as per the records of the Driver and Vehicle Licensing Agency (DVLA). It is for that registered keeper to deal with the PCN even if they were not driving at the time. Liability cannot be transferred though Miss X could have authorised a third party to deal with the matter on her behalf. The information Miss X has supplied indicates she did not do this.
6. We will not investigate as it is unlikely we will find fault by TfL.

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Final decision

7. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by TfL to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman