Summary: We cannot investigate this complaint about a Penalty Charge Notice because the matter has been considered in court and because it is a late complaint.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) he received in July 2019.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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

5. I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

6. The Council issued a PCN in July 2019. In August the Council rejected Mr X’s challenge and said he could wait for the Notice to Owner and then make a formal appeal.
7. Mr X neither paid nor appealed so the Council took additional action and registered the debt in court. It has since instructed bailiffs.
8. Mr X applied to the court in May 2021 for a witness statement. He said he did not receive the Notice to Owner. He also said he was directed to park at the location by a council officer and said the signage was unclear. If the court had granted the witness statement the Council would have re-issued the Notice to Owner and Mr X would have had another chance to pay or appeal to the tribunal. However, the court rejected his application in June 2021.
9. Mr X has paid £70 but the debt is with bailiffs and he owes £423.
10. I cannot investigate this complaint because the matter has been considered by the court. The law says we cannot investigate any matter that has formed part of court proceedings. The court did not accept Mr X’s application for a witness statement on the grounds that he did not receive the Notice to Owner.
11. Mr X says he was sent the wrong court forms and that is why his application was unsuccessful. As far as I can see Mr X used the correct form. But, in any case, this forms part of legal proceedings and, as I have said, I cannot investigate any matter that has been considered in court and the court made a decision on his application.
12. I also will not start an investigation because this is a late complaint. Mr X has been aware of the PCN since July 2019 and knew in June 2021 that the court had refused his witness statement. But, he did not complain to us until December 2021. I have not seen any good reason to accept a complaint that is more than two years old and this was a matter for Mr X to deal with through the statutory processes.

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Final decision

13. I cannot start an investigation because the matter has been considered in court and because this is a late complaint.

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Investigator's decision on behalf of the Ombudsman