Summary: We will not investigate this complaint about a moving Penalty Charge Notice because there is not significant enough personal injustice to warrant investigation.

The complaint

1. Mr X complains about a Penalty Charge Notice (PCN) he received while driving a hire car. He says he cannot make representations as the PCN is not in his name. Mr X says this has had impacted his mental health.

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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 any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter.
6. Although the hire company made representations to the Council, these were submitted late and therefore not accepted. As a result, the PCN remains in the company's name and Mr X is not liable, and therefore not legally responsible to pay the charge himself. Consequently, Mr X has not suffered a significant loss, harm or distress so our involvement would not be justified in this complaint.
7. The hire car company can make an application to the Traffic Enforcement Centre (TEC) to have liability for the PCN transferred to Mr X. Once this has been done, Mr X will be able to pursue the PCN process in the usual way and take whatever action he considers appropriate.

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Final decision

8. We will not investigate Mr X’s complaint because there is not significant enough personal injustice to warrant our investigation.

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Investigator's decision on behalf of the Ombudsman