Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s failure to respond to his representations against a penalty charge notice. This is because it would be reasonable for him to apply to the Traffic Enforcement Centre to make a late witness statement/statutory declaration.

The complaint

1. The complainant, Mr X, complains the Council failed to respond to his representations against a penalty charge notice (PCN) and passed the case to enforcement agents (bailiffs) to recover payment from him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

6. I reviewed Mr X’s complaint, shared my draft decision with him and invited his comments.

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What I found

7. The Council issued Mr X a PCN for parking in a loading/unloading bay in 2019.
8. If the Council believes a parking contravention has occurred it may issue a Penalty Charge Notice (PCN). The PCN can be fixed to the vehicle, given to the driver, or sent to the registered keeper of the vehicle. This should be to the address where the vehicle is registered with the DVLA.
9. The registered keeper of the vehicle may make representations against the PCN and if the Council does not accept them they may appeal to the Traffic Penalty Tribunal.
10. If the motorist does not pay the PCN or make representations against it the council will issue a charge certificate, increasing the amount payable by 50%. It may then apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to register the debt, before instructing bailiffs to recover it.
11. Mr X disputes the PCN and says he made representations against it but did not receive a response. He says the Council has told him it did not receive his representations so escalated the case in accordance with the process set out above. It has now registered the unpaid PCN as a debt with the TEC and its bailiffs contacted Mr X demanding payment. Mr X has paid the PCN but would like the Council to refund him.
12. The Ombudsman will not investigate this complaint. If Mr X wishes to challenge the Council’s escalation of the PCN it would be reasonable for him to apply to the TEC to make a late witness statement/statutory declaration. If successful, the TEC may order the Council to take the process back to an earlier stage, reinstating his right of appeal against the PCN and removing the basis for the bailiff’s fees. The restriction at Paragraph 4 would then apply. If the TEC refuses Mr X’s application he may apply for a review.

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Final decision

13. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a late witness statement/statutory declaration.

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Investigator's decision on behalf of the Ombudsman