London Borough of Richmond upon Thames (20 009 231)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 09 Feb 2021
The Ombudsman's final decision:
Summary: Mr X complains he did not receive details of a moving traffic penalty the Council had sent to him and due to this he has had to pay a greatly increased fine. We will not investigate as Mr X could reasonably have challenged this with the Traffic Enforcement Centre, part of Northampton County Court.
The complaint
- Mr X complains he received no notification of a moving traffic penalty the Council issued to him as the documents were sent to an incorrect address. Mr X has had to pay over £500 to the Council’s enforcement agents and wants to be allowed just to pay the initial fine of £65.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mr X said in his complaint and I have sent him my draft decision on it for his comments.
What I found
- Mr X says he knew nothing of a penalty the Council had issued to him for stopping in a box junction until the Council’s enforcement agents called at his home. Mr X paid the enforcement agents £513 but wants to be able to just pay the initial fine of £65. Mr X says the dealer who sold him his car gave the wrong postcode to DVLA and so none of the Council’s notices reached him.
- The law provides for the Traffic Enforcement Centre (TEC), part of Northampton County Court, to consider cases put forward by motorists who say they did not receive notification of a penalty. It is the correct body to have decided what should happen in Mr X’s case. The Council advised Mr X of his right to make a representation to the TEC, by making a late witness statement to it, in an email to Mr X in December 2020.
Analysis
- It is reasonable to expect Mr X to have asked the courts, the TEC, to consider his case as this is the correct body in law to do so. We will not therefore investigate.
Final decision
- My decision is we will not investigate this complaint. This is because the complaint is outside our legal remit as Mr X had recourse to court and it is reasonable to expect him to have used this right.
Investigator's decision on behalf of the Ombudsman