Summary: We will not investigate this complaint about a Penalty Charge Notice because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN). He says the Council did not respond to his challenge and he was fined £80 by the company he leases the car from. Mr X wants an apology, a refund and compensation.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes information about the PCN and the letter the Council sent in response to Mr X’s challenge. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

4. The registered owner of a car must decide whether to appeal against a PCN or pay the fine. When a vehicle is leased there is often a clause in the lease agreement which explains what will happen if a PCN is issued.
5. Mr X parked in a bay where a permit was required. He parked a leased car. He left a note in the car saying he had lost the parking permit. The Council issued a PCN for parking in a bay without displaying a permit. Mr X challenged the PCN and explained he had left a note in the window.
6. The Council rejected his challenge. It noted he had lost his permit but said parking is only permitted if a permit is displayed. The Council said Mr X could pay the fine or wait for the Council to issue a Notice to Owner to the registered owner. A Notice to Owner allows the registered keeper to pay or lodge a formal appeal. Mr X says he did not receive the Council’s response. I have seen a copy of the letter and a screenshot showing the Council emailed the letter to the email address Mr X had provided.
7. The Council issued a Notice to Owner to the registered owner. The lease company paid the £70 fine and did not appeal. Mr X had to pay £80 to the company.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council sent all the documents it was required to send and it correctly closed the case once the registered keeper had paid the fine. It acted correctly in issuing the Notice to Owner when it had not had a response to its rejection of Mr X’s challenge. I do not know why Mr X did not receive the Council’s response but the documents show the Council did respond.
9. Mr X was fined by the lease company but, if the PCN was not processed in accordance with the lease agreement, then that is a matter he would need to take up the with the firm.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman