Summary: We will not investigate Ms X’s complaint that the Council is pursuing an old penalty charge notice debt and that its enforcement agent caused distress. Ms X is challenging the debt recovery order at the Traffic Enforcement Centre

The complaint

1. Ms X complains the Council’s enforcement agent contacted her this year about an unpaid penalty charge notice debt. She says he threatened to gain entry and take goods to cover the debt, did not listen to her, and did not believe what she told him about her situation. Ms X says she did not know about the penalty charge notice, issued in 2019, because she moved. Ms X says the enforcement agent caused her anxiety and distress. She wants the Council to deal with the matter and cancel the enforcement fees.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I have considered Ms X’s information and comments and discussed the complaint with her by telephone.

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My assessment

4. I will not investigate Ms X’s complaint for the following reasons:
5. Ms X has challenged the debt recovery order at the Traffic Enforcement Centre (TEC) which is part of the county court. If the decision goes in her favour the recovery order will be cancelled. The Council will write to her and explain the position. If the decision goes against her she can request a Judge review the TEC decision. It is reasonable for Ms X to follow this procedure.
6. It is good practice for a council to place recovery action on hold pending the outcome of the TEC procedure. If Ms X has hardship or difficulty paying the debt she can ask the Council or its enforcement agent to consider a payment plan. If it refuses to do so she can complain to the Council. If the Council fails to deal with her complaint or she is not happy with the outcome she may complain to this office.
7. There is insufficient injustice to investigate Ms X’s telephone conversations with the Council’s enforcement agent.

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Final decision

8. The Ombudsman will not investigate Ms X’s complaint that the Council is pursuing an old penalty charge notice debt and that its enforcement agent caused distress. Ms X is challenging the debt recovery order at the Traffic Enforcement Centre

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Investigator's decision on behalf of the Ombudsman