Summary: We will not investigate this complaint about a parking penalty charge notice as we do not have consent from the registered keeper. Mr X’s broader complaint about damaged road signs does not cause him an injustice sufficient to justify our involvement, The complaint about the Council’s handling of an information request is best dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council is removing or bending signs so that motorists do not see them and are incurring penalty charge notices (PCN). Mr X says because of this, he incurred a PCN but complains the Council will not speak to him as he is not the registered keeper of the car he was driving. Mr X says the Council has refused to provide him with information he has requested about how many PCNs it had issued in a preceding period.

Back to top

The Ombudsman’s role and powers

2. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or freedom of information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
4. 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 any injustice is not significant enough to justify our involvement.

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. We cannot investigate the PCN as the registered keeper has not asked us to investigate. PCNs are legal documents issued to registered keepers; we cannot investigate a complaint about a PCN without their consent.
8. The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of information rights. Mr X should complain to it if the Council has refused to supply information he has requested from it. The ICO will decide if Mr X is entitled to the information.
9. I recognise Mr X’s concerns about damaged signs but he is not caused an injustice from this personally to a degree that would warrant our involvement. I appreciate he feels he incurred a PCN due to this issue, but as explained above, we cannot investigate that matter.
10. For these reasons, we will not investigate.

Back to top

Final decision

11. We will not investigate Mr X’s complaint as we have no consent to look at the PCN issue. The ICO is best placed to deal with Mr X’s information request complaint and Mr X’s broader concern about parking signs does not cause him an injustice that would justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman