Summary: Mr X complains the Council’s enforcement agents are pursuing him for an unpaid moving traffic penalty that Mr X was not aware of. We will not investigate as this is best dealt with by the courts.

The complaint

1. Mr X complains the Council’s enforcement agents are pursuing him for an unpaid moving traffic penalty that Mr X was not aware of. Mr X says this has caused him stress and financial worry.

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The Ombudsman’s role and powers

2. 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

3. I have considered what Mr X said in his complaint and I have sent him my draft decision on it for his comments.

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What I found

4. Mr X says he first became aware of a moving traffic penalty the Council had issued to him when he was contacted by its enforcement agents. Mr X says the Council has sent correspondence about the penalty to an address where he has never lived.
5. The Council says it issued a moving traffic penalty to the registered keeper of a vehicle which drove the wrong way in one way traffic. The vehicle keeper, a hire company, contacted the Council to explain the vehicle was on hire at the time. The Council reissued the penalty to the hirer, using the details provided by the hire company.
6. The Council says it has had contact about the penalty, from a person with the same name as Mr X, and that they made an out of time statutory declaration to the Traffic Enforcement Centre (TEC), which is part of Northampton County Court. The TEC refused the out of time declaration and so enforcement of the unpaid penalty continued.
7. Mr X says it was not him that took this action but someone of the same name. Mr X has provided evidence which he feels confirms this. Mr X wants the Council to recognise this. Mr X has been caused stress and financial worry.

Analysis

8. If a motorist becomes aware of a penalty once enforcement agents have become involved, ie if they did not receive a Notice to Owner, the law says they can ask the TEC to consider their case. The TEC decides whether to accept such representations and it decides what happens next in terms of the fine.
9. The Council is continuing enforcement action on the penalty as the TEC has not told it to stop. The most appropriate way for Mr X to address this therefore, is for him to contact the TEC to explain what has happened. It is best placed to deal with the issues Mr X raises and it will decide what will happen next.
10. For this reason, I do not consider we should investigate Mr X’s complaint.

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Final decision

11. My decision is we will not investigate this complaint as it is best addressed via the TEC.

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Investigator's decision on behalf of the Ombudsman