Summary: We will not investigate this complaint about the Council’s handling of Mr X’s request to cancel several penalty charge notices. This is because there is not enough evidence of fault by the Council and Mr X is not directly liable for the penalty charge notices.

The complaint

1. Mr X complains the Council refused to consider cancelling several penalty charge notices (PCNs) it issued when he parked in a resident’s parking zone without a valid permit. He says he was unaware his permit had expired and the company he leases the vehicle from did not notify him about the PCNs immediately. It then paid the PCNs without giving him the opportunity to appeal.

Back to top

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. Because Mr X is not the owner/registered keeper of the vehicle he is not directly liable for the PCNs and has no right of appeal against them. The issue of the PCNs does not therefore directly affect Mr X.
5. It was however Mr X’s responsibility to ensure he had a valid permit when he parked on the road and because he did not, the Council issued the PCNs to the lease company. The lease company then paid them, passing on the cost to Mr X under the terms of its lease agreement. It is this agreement which gives rise to the injustice Mr X complains about, rather than any fault by the Council. Mr X may wish to check the terms of his agreement with the lease company to ensure the company has acted in accordance with these terms.
6. Mr X contacted the Council to ask it to cancel the PCNs, setting out what had happened and asking it to exercise its discretion and issue a full refund. But any refund would not have been to Mr X as he did not make any payments to the Council.
7. Further, there is no requirement for councils to consider or respond to representations made after a PCN has been paid, or made by anyone other than the registered keeper or someone acting on their behalf. The Council was therefore entitled to decline Mr X’s request as it did.

Back to top

Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and its actions did not cause the injustice Mr X claims.

Back to top

Investigator's decision on behalf of the Ombudsman