Summary: We will not investigate Mr X’s complaint about the Council’s refusal to correspond with him about a penalty charge notice issued to a third party. This is because there is not enough evidence of fault by the Council and its actions did not cause Mr X significant injustice.

The complaint

1. Mr X complains the Council has refused to deal with him regarding penalty charge notices (PCNs) issued to the owner of a vehicle he occasionally borrows. He says he has paid the PCNs but the Council continues to send the owner notices and increase the amount of the fines.

Back to top

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. Mr X is not the owner of the vehicle and is not directly or significantly affected by the Council’s issue or escalation of the PCNs. If the Council is continuing to pursue the owner despite the PCNs having been paid, this is a matter for the owner of the vehicle; it does not cause Mr X significant injustice.
6. The Council is in any event bound by the General Data Protection Regulation and would not be able to discuss personal data about the owner with any third party- Mr X included- without their consent. It is therefore unlikely we would find fault by the Council in its refusal to correspond with Mr X about the PCNs as he has no standing in the matter. Mr X may, if he chooses, seek the owner’s consent to deal with the Council and pursue a complaint on their behalf but I have seen nothing to suggest he has done so.

Back to top

Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice.

Back to top

Investigator's decision on behalf of the Ombudsman