The Ombudsman's final decision
Summary: We will not investigate this complaint about A Penalty Charge Notice (PCN). The Council has accepted Mr X’s representations and transferred the liability to the hirer of the vehicle. As the issue has been resolved, further investigation would not achieve anything further.
The complaint
Mr X complained the Council refused to transfer liability for a Penalty Charge Notice (PCN) from him, as the registered keeper of a hire car, to the person who hired the vehicle. He also said postal delays caused the PCN to arrive late, which meant he missed the opportunity to pay the reduced rate.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr X as the owner of a vehicle hire company which owned the vehicle that went through a bus lane.
Mr X received the PCN after the deadline to accept representations or receive a discount for early payment.
Mr X said it was not his fault he was out of time and this was due to postal delays in his area.
He asked the Council to transfer liability or reinstate the discount. The Council initially refused.
We contacted the Council after receiving the complaint from Mr X and it has now transferred liability for the PCN to the hirer of the car.
Final decision
We will not investigate Mr X’s complaint because the Council has now accepted Mr X’s representations and transferred the liability to the hirer. Because the issue has been resolved, further investigation would not achieve anything further.
Investigator's decision on behalf of the Ombudsman