Summary: We will not investigate this complaint about an alleged breach of the General Data Protection Regulation or the Council’s failure to provide Mr C with access to information he has requested about Penalty Charge Notices. This is because it would be reasonable for Mr C to ask the Information Commissioners Office (ICO) to consider his concerns. The ICO is better placed to investigate this complaint. Mr C can ask the Traffic Enforcement Centre to consider late witness statement and it would be reasonable for him to do so as a way of challenging the PCNs.

The complaint

1. The complainant, who I shall refer to as Mr C, complains the Council:

• gave his ex-partner his new address, which she was not aware of, when action was taken by the Council about outstanding Penalty Charge Notices (PCNs);
• did not send reminders about outstanding PCNs to his address, which led to increased enforcement charges against him; and

its enforcement agent:

• has ignored requests for information;

• ignored his request for a stage 2 complaint; and
• did not act correctly when speaking to his ex-partner when putting a wheel clamp on her vehicle.

Back to top

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. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended)

4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
6. 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)

Back to top

How I considered this complaint

7. I read the complaint and the Council’s responses. I did not consider matters relating to Mr C’s ex-partner as she is able to make her own complaint. I considered Mr C’s comment’s on the draft decision.

Back to top

What I found

8. Mr C says his ex-partner is now the owner of a vehicle he previously had, although it was still registered to Mr C. His ex-partner returned to her vehicle to find it had a wheel clamp on it. When the enforcement agent arrived at the scene, Mr C says the agent showed his ex-partner his address and details of the PCNs on a tablet. Mr C says before that, Mr C’s ex-partner was not aware of his address and his personal information should not have been shared.
9. The Council said that it found no evidence of Mr C’s personal information being shared with his ex-partner. It says it checked bodycam footage from the enforcement agent, which did not show a data breach.
10. We will not investigate this complaint about a GDPR breach. The Information Commissioners Office (ICO) is better placed to consider this complaint.
11. Mr C says the Council did not send reminders about PCNs to his address. He says he lost the original tickets as he is vulnerable. This has led to increased charges.
12. The Council said it sent correspondence to the vehicle’s registered keeper’s address which is Mr C’s current address.
13. The issue and enforcement of parking penalties is a legal process governed by statute which sets out an established appeal process. The Ombudsman would expect a motorist to use that process to protect his or her rights.

The parking enforcement regime

14. If the Council issues a penalty charge notice (PCN) it invites the motorist to either pay at a discounted rate within a short period of time or pay the full rate within 28 days.
15. If the PCN is not paid within 28 days, the Council asks the Driver Vehicle Licensing Authority (DVLA) for the name and address of the registered keeper. It sends a Notice to Owner to this person. The owner can make formal representations about why the Council should cancel the PCN. If the Council does not accept these, it issues a Formal Notice of Rejection of Representations. The owner then has the right to appeal to a tribunal.
16. If the registered keeper does not appeal, or the appeal is unsuccessful the Council will issue a Charge Certificate. If the debt is still unpaid the Council can register the debt with the Traffic Enforcement Centre (TEC), which is part of Northampton County Court. Then the Council sends an Order for Recovery to the owner.
17. The registered keeper may make a late witness statement after the court has issued the warrant, but the court must first accept the late statement. The registered keeper must make an application to file a witness statement out of time. The form allows the registered keeper to explain why they were unable to complete the witness statement form in the usual time period. There is no time limit in which to make a witness statement out of time. On receipt of the application the TEC will notify the local authority concerned to either accept or reject the application.
18. If the local authority accepts it or there is no reply the application will be treated as an in time witness statement and the court registration of the debt will be revoked. The matter is then referred back to the local authority at the original PCN stage and it is for the local authority to decide what action it wishes to take.
19. If the local authority rejects the application then it will be referred to a court officer at the TEC who will make the decision on whether it should be granted or refused.
20. Mr C says he did not receive any reminders about the PCN. The Council does not send reminders. The Council should follow the process. It would be reasonable for Mr C to ask the TEC to consider his late witness statement on the grounds he says he did not receive the PCN or Notice to Owner.
21. Mr C Says he asked for information held about him from the Council’s enforcement agent but has been ignored.
22. Mr C says the Council ignored his request for a stage 2 escalation of his complaint. The Council wrote to Mr C and said it would not move to stage 2 but directed him to the ICO for his complaint.
23. We will not investigate this complaint about the Council ignoring a stage 2 complaint request. Mr C was directed to the ICO to further his complaint. It would be reasonable for Mr C to ask the ICO to consider whether there has been a breach of his personal data and whether he should have access to information he has requested.

Back to top

Final decision

24. We will not investigate this complaint. This is because:
• Mr C’s complaints about breaches of data and access to information should be directed to the ICO; and
• It would be reasonable for Mr C to ask the TEC to consider a late witness statement application for his PCNs.

Back to top

Investigator's decision on behalf of the Ombudsman