The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about several penalty charge notices issued by the Council. This is because there is not enough evidence of fault by the Council causing Mrs X significant injustice.
The complaint
The complainant, Mrs X, complains about several penalty charge notices (PCNs) issued by the Council. She says the vehicle involved belongs to a resident and should be exempt from parking fines.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X is not the owner of the vehicle and is not directly liable for any PCNs issued in respect of it. The vehicle belongs to a lease company and it is the lease company which retains liability for any PCNs. Mrs X’s liability to pay the cost of any PCNs arises only as a result of the contract with the lease company and if she believes they have failed to follow the terms of the contract she should take the matter up with them.
Mrs X has tried to make representations against the PCNs but she has no standing to do so. It is not fault for the Council to decline to consider representations made by third parties without the registered keeper’s agreement and the injustice Mrs X claims results from her contract with the lease company, rather than any fault by the Council.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council and the injustice Mrs X claims results from her contract with the lease company.
Investigator's decision on behalf of the Ombudsman