Summary: We will not investigate this complaint about a penalty charge notice issued by the Council for a parking contravention. The law provides a right of appeal to a tribunal against the penalty charge notice and the complainant can ask a court to restore that right.

The complaint

1. The complainant, who I refer to here as Mr B, complained because the Council issued a penalty charge notice for a parking contravention and is using bailiffs to collect the penalty charge from him.

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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. 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 law also says we cannot investigate a complaint when someone has sought a remedy in court; we have no discretion in this. This applies even if the court could not provide a remedy for all the claimed injustice. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr B. I considered our Assessment Code.

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My assessment

Background

6. The Council enforces parking restrictions and takes recovery action using procedures set out in the Traffic Management Act 2004 and associated Regulations. Councils and motorists must follow these procedures.
7. In law, the owner of a vehicle is responsible for any penalty charges regardless of who was driving at the time of the contravention. This is most often the person registered with the Driver and Vehicle Licensing Agency (DVLA) as the keeper of the vehicle. Enforcement authorities will initially send any formal documents using keeper details provided by the DVLA.
8. The Road Vehicles (Registration and Licensing) Regulations 2002 require the owner of a vehicle to immediately inform the DVLA of any change of address. It is an offence under the Vehicle Excise and Registration Act 1994 to use a vehicle where the correct address is not held by the DVLA.

Summary of events

9. The Council issued the penalty charge notice because it believed Mr B had parked without displaying a valid permit.
10. Mr B wrote to the Council explaining why he considered he should not have to pay the penalty charge. The Council replied advising him he could pay or wait for it to send a notice to the owner of the vehicle. He could then make formal representation against the penalty charge notice and appeal to the TPT if the Council rejected these.
11. The Council received no payment or representations so continued to take recovery action. It eventually registered the unpaid penalty charge as a debt with the Traffic Enforcement Centre (TEC) at Northampton County Court. This allowed the Council to use bailiffs to recover the penalty charge and any additional fees from Mr B.
12. Mr B says he had moved home and was unaware the Council was taking recovery action until he was contacted by bailiffs.

Assessment

13. Mr B had a right of appeal against the penalty charge notice to the Traffic Penalty Tribunal (TPT) which is a statutory tribunal. An appeal to the TPT is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 3 generally applies.
14. If Mr B considers he did not receive a notice to owner, he can make a witness statement to the TEC. If the TEC accepts the statement, the Council will issue another notice to owner and Mr B will have a right of appeal to the TPT. The restriction I describe in paragraph 3 would apply. A successful witness statement will also remove any additional costs.
15. I have seen no exceptional reason Mr B should not make a witness statement to the TEC. If the TEC accepts the statement, the matter will be outside our jurisdiction because he can appeal to the TPT.
16. If the TEC does not accept the statement, we could not investigate because Mr B would have sought a remedy in court. He could ask a District Judge at his local county court to review the TEC’s decision.

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Final decision

17. We will not investigate Mr B’s complaint because he had a right of appeal to a tribunal and can ask a court to restore that right.

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Investigator's decision on behalf of the Ombudsman