Summary: We will not investigate this complaint about steps the Council has taken to recover an unpaid parking penalty. This is because the complainant has now submitted a late witness statement to the Traffic Enforcement Centre, which is a court.

The complaint

1. The complainant, who I will call Mr D, complains that the Council sent enforcement agents to recover an unpaid parking penalty causing him distress.

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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)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered Mr D’s complaint and the Council’s responses. I sent a draft version of this decision to Mr D and invited his comments.

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What I found

6. In 2019, the Council issued Mr D with a Parking Charge Notice (PCN) for parking in a restricted area. Mr D submitted an informal challenge to the PCN, but this was rejected.
7. The Council sent letters to Mr D to the address which the car was registered to. This information was provided by the DVLA. After no payment was received the Council registered the debt with the Traffic Enforcement Centre (TEC), which is a court. The Council subsequently instructed enforcement agents to recover the debt.
8. Mr D says he did not receive the documents from the Council because he moved and they were sent to his old address. The Council told Mr D he could submit a late witness statement with the TEC.

Assessment

9. I will not investigate Mr D’s complaint. This is because since complaining to the Ombudsman, he has submitted a late witness statement to the TEC challenging the penalty. The TEC is a County Court and it may decide to return the case to the Council for an appeal to the Tribunal or dismiss Mr D’s submission.
10. Mr D has exercised his right to submit evidence to the court as an alternative remedy. The court will decide how his submission will be treated and its decision is binding on him and the Council.

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Final decision

11. I will not investigate this complaint. This is because the complainant has now submitted a late witness statement to the Traffic Enforcement Centre which is a court.

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Investigator's decision on behalf of the Ombudsman