Summary: We will not investigate this complaint about a penalty charge notice because it is late with no good reason to investigate it now and it is reasonable to expect Mr Y to apply to the Traffic Enforcement Centre to reinstate his right of appeal.

The complaint

1. Mr Y complains the Council incorrectly gave his name and address to enforcement agents to collect payment of a Penalty Charge Notice (PCN). The Enforcement Agents then sought payment from Mr Y, which he says he did not owe, of more than £1,000.
2. He says this has caused him frustration and upset as well as a financial loss.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

5. I considered the information provided about this complaint. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

6. The Council issued a PCN for entering and stopping in box junction in 2017.
7. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
8. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal.
9. If the motorist does not pay or make formal representations 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.
10. Mr Y’s was aware of his reason to complain about the Council’s actions when bailiffs attended his property in July 2019, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph three where we decide there are good reasons. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. It is reasonable to expect him to have complained sooner.
11. Further Mr Y’s challenge to the PCN is a matter for the appeals process. Mr Y suggests he was not responsible for the vehicle when the PCN was incurred. Mr Y may therefore apply to the Traffic Enforcement Centre (TEC) to make a late witness statement. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against it.
12. I have seen nothing to suggest it would not be reasonable for Mr Y to follow the process set out above and I will not therefore exercise the Ombudsman’s discretion to investigate this complaint.

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Final decision

13. We will not investigate this complaint because it is late with no good reason to investigate it now and it is reasonable to expect Mr Y to apply to the Traffic Enforcement Centre to reinstate his right of appeal.

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Investigator's decision on behalf of the Ombudsman