Summary: The Ombudsman will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. This is because it would have been reasonable for Mr X to appeal.

The complaint

1. The complainant, Mr X, complains the Council issued him a penalty charge notice (PCN) for a contravention which did not occur. The Council has now instructed enforcement agents (bailiffs) to recover payment which Mr X cannot afford.

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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 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)
4. 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

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

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What I found

6. The Council issued Mr X a PCN for crossing the Mersey Gateway toll bridge without paying the fee.
7. There is a set procedure councils must follow when pursuing PCNs for moving traffic contraventions. When a council identifies a contravention it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal.
8. The motorist has 28 days from the date of the notice to pay the penalty charge or make representations against it. For the first 14 days after the PCN the motorist may pay at a discounted rate of 50% of the full fine.
9. If the motorist does not pay the PCN or challenge it, or if their representations are unsuccessful, the council may issue a charge certificate increasing the amount of the penalty charge by 50%. If the charge remains unpaid the council may then register the debt with the county court and serve an order for recovery, providing a basis for action by bailiffs to recover payment from the motorist.
10. Mr X says he did pay the toll for crossing the bridge. He believes the PCN and the Council’s actions to recover payment are illegal and insensitive.
11. The Ombudsman will not investigate this complaint. If Mr X disputed the PCN it would have been reasonable for him to appeal against it. The appeals process is free and relatively easy to follow and it is the appropriate way to challenge a PCN.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal, first to the Council and then to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman