The Ombudsman's final decision
Summary: We will use our discretion not to investigate this complaint about a Penalty Charge Notice because the complainant is not responsible for the fine.
The complaint
The complainant, Mr X, says he was forced to pay £130, rather than £65, for a Penalty Charge Notice (PCN) that he was unaware of until the fine had increased to £195. Mr X wants a £130 refund.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision.
It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered our Assessment Code.
My assessment
The responsibility for paying or challenging a PCN rests with the registered keeper of a car. When a council issues a PCN it will find the name of the registered keeper from DVLA and send all the documents to that person. Councils cannot take any action against someone who is not the registered keeper. This applies even if the owner was not driving at the time of the contravention.
Mr X says he was unaware of a PCN until the amount increased to £195. He says he was denied the chance to pay at the reduced rate of £65. Mr X wants a £130 refund.
I have seen the records associated with the PCN and these show that Mr X is not the registered keeper. Mr X may have paid the PCN but he was not required to do so and he is not, in law, linked to the PCN. It would be the responsibility of the registered keeper to pay, challenge or complain about any PCN issued against their vehicle.
Final decision
We will use our discretion not to investigate this complaint because Mr X is not the registered owner of the vehicle.
Investigator's decision on behalf of the Ombudsman