Summary: We will not investigate this complaint about Penalty Charge Notices. It is reasonable for Mr X to refer the matter to the courts as we could not achieve the outcome he seeks.

The complaint

1. Mr X complained the Authority pursued him for several Penalty Charge Notices (PCNs) for a vehicle he did not own. He said he hired the vehicle in 2019, but the Authority carried out enforcement action in 2020, 2021 and 2023 against him for subsequent contraventions, without checking the registered keeper via the Driver and Vehicle Licensing Agency.
2. Mr X said the matter has caused significant stress, he has taken time off from work and paid significant sums to deal with the matter. He wanted the Authority to provide a proper apology and increase its offer of £2,500 compensation to £8,024.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something an Authority has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

8. Mr X hired a vehicle in 2019. He says he paid two PCNs during that time, after the hire company had contacted him. Mr X says the Authority then pursued him in 2020, 2021 and 2023 for PCNs despite him not being the registered keeper of the hire vehicle.
9. Mr X complained to the Authority in 2024 and asked it to compensate him to the sum of £8,024. The Authority wrote to him, accepting it made errors when it processed the PCNs. It offered him £2,500. Mr X refused this offer and contacted us.
10. When someone has the option of pursuing court action about a matter, we must decide whether it would be reasonable for them to do so. In this case, it is reasonable for Mr X to refer the matter to the courts should he wish to pursue the Authority for £8,024. This is because:
• We could not recommend the Authority pays the sum Mr X seeks. When we recommend payments for things such as distress it is often a modest amount whose value is intended to be largely symbolic, rather than purely financial. Where we decide it is appropriate, we will normally recommend a remedy payment for distress of up to £500.It is not our role to assess economic losses such as loss of earnings, or award compensation, and we direct people to the courts where that is their primary goal.
• The Authority’s offer recognises the quantifiable financial injustice Mr X outlined in his complaint to it, covering court fees, legal fees, credit card fees and interest he considers would be due to him. The Authority’s offer is £1,386 over and above that, so it has already offered him a higher remedy than we could achieve.
• Mr X’s complaint would also largely be considered late. The law says people must bring complaints to us within 12 months of becoming aware of the matter. This means that any remedy we could recommend would likely only consider matters Mr X became aware of from November 2023 onwards. We would not consider the PCNs Mr X received in 2020 and 2021, and we would only realistically be likely to consider the PCN of 2023 in any event.
• Small claims court fees are on a sliding scale relative to the amount sought so the payoff in relation to the fee Mr X would pay is significant, if his claim were successful. Mr X can also ask the court to order the Authority pays his fees if his claim is successful. It is not necessary to hire legal representation for small claims, and it is a relatively straightforward process.

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Final decision

11. We will not investigate Mr X’s complaint because it is reasonable for him to refer the matter to the courts instead.

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Investigator's decision on behalf of the Ombudsman