Summary: The Ombudsman will not investigate Miss X’s complaint about the Council’s handling of a penalty charge notice. This is because it would be reasonable for her to take the matter to the Traffic Enforcement Centre.

The complaint

1. The complainant, Miss X, complains about the Council’s handling of a penalty charge notice (PCN). The Council has now escalated the PCN and is due to register it with the Traffic Enforcement Centre (TEC) as an unpaid debt.

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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)

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How I considered this complaint

4. I reviewed Miss X’s complaint and her correspondence with the Council. I shared my draft decision with Miss X and considered her comments.

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What I found

5. The Council issued Miss X two PCNs for performing prohibited turns in November 2019.
6. There is a set procedure councils must follow when pursuing PCNs for moving traffic contraventions such as this. 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.
7. 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.
8. 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 enforcement agents (bailiffs) to recover payment from the motorist.
9. Miss X received only one of the PCNs and she paid this PCN at the discounted rate. But she was unaware of the second PCN until the Council issued a charge certificate. The Council declined to accept payment for this PCN at the lower rate and explained she may challenge its escalation with the TEC by making a witness statement/statutory declaration, once the case is registered. Miss X has contacted the TEC but the case is not yet registered so she has been unable to follow this process.
10. The Ombudsman will not investigate this complaint. The Council’s correspondence is properly addressed and it is therefore unlikely we would find fault in the issue of the PCN or its escalation of the case. If Miss X wishes to challenge this it would be reasonable for her to wait for the Council’s Order for Recovery and take the matter to the TEC.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman