The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because there is not enough evidence of fault to justify investigating.
The complaint
Miss Y complained the Authority has failed to transfer Penalty Charge Notices (PCNs) into her former partner’s name. She has requested this as the former partner was driving at the time the PCNs were incurred, and they have agreed to pay them.
This has affected her financially and she has been worried.
The Ombudsman’s role and powers
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 or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued several PCNs to Miss Y in July and August 2022 for entering the Authority’s Ultra Low Emission Zone (ULEZ) without making payment. Miss Y says her now former partner was driving her car at the time. Miss Y was given 28 days in which to appeal after the PCNs had been issued.
Miss Y appealed to the Authority, but this was outside of the time. The Authority considered whether any mitigating circumstances around the lateness of Miss Y’s appeals would allow it to consider her appeal despite the time frame having passed. It found it could not and wrote to explain this to Miss Y in October. Miss Y approached us in October.
Analysis When a PCN is issued, by law it must be issued to the registered keeper of the vehicle. This was Miss Y. While it may be that Miss Y’s former partner was the person who committed any contraventions this is not a ground for appeal and it is Miss Y who, as the vehicle’s registered keeper, is responsible if a PCN is issued. Consequently, there is not enough evidence of fault to justify our investigation.
Final decision
We will not investigate Miss Y’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman