Summary: Mr Y complained about the Council used enforcement agents to seize and sell his car to settle unpaid penalty charge notices. We should not exercise discretion to investigate this complaint as it is late and there is no good reason to investigate it now.

The complaint

1. Mr Y complains the Council sent warrants for collection of debts from unpaid Penalty Charge Notices (PCNs) to an old address, then instructed enforcement agents to collect the debt in a lead case, who then removed and sold his vehicle.
2. Mr Y says this has caused him significant stress, leading to him losing his job and the loss of his car. He has also had the time and trouble of then appealing the PCNs.

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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)

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How I considered this complaint

4. I consider the information provided. Mr Y now have an opportunity to comment on my draft decision. I will consider his comments before making a final decision.

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What I found

5. Mr Y was issued with several PCNs by both the Council and another body within our jurisdiction in 2018.
6. There is a set procedure which 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’.
7. 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 London Tribunals.
8. 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.
9. Mr Y’s car was recovered in September 2018 by the bailiffs for payment of the debts. The bailiff’s paperwork referred to one of the Council’s debt as the lead case. He also became aware the Council had sent the notices to an old address. He contacted the Council who agreed to not pursue enforcement to collect the debt. The Council agreed to reissue the notices to Mr Y’s new address. The car was subsequently sold in December 2018 and the funds from the sale were used to pay the debts of the other body and not the Council’s.
10. Mr Y then appealed three of the PCNs the Council had issued. The Council agreed to cancel two of the PCNs on discretionary grounds but rejected the appeal for the third. Mr Y then paid the Council for this PCN in March 2019.
11. Mr Y complained initially to the Council in 2018. The Council responded explaining the warrants had been put on hold and later cancelled, but warrants for the other body had continued, resulting in Mr Y’s vehicle being sold. It therefore denied the Council was at fault. Mr Y repeated his complaint to the Council in July 2020. The Council provided a further response in October, again denying fault. Mr Y then approached the Ombudsman in January 2021.

Analysis

12. Mr Y was aware of his reason to complain about the Council’s actions in 2018, 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. Consequently, we should not exercise discretion to investigate this complaint.

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Draft decision

13. We should not exercise discretion to investigate this complaint as it is late and there is no good reason to investigate it now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman