Summary: We will not investigate this complaint about Penalty Charge Notice. This is because it is reasonable for Miss Y to appeal to the Traffic Enforcement Centre.

The complaint

1. Miss Y complained the Council failed to cancel a Penalty Charge Notice (PCN) after she informed it that she had returned the car to its owner, a car hire company, prior to the contravention occurring.
2. Miss Y says she has now been contacted in by bailiffs seeking to recover the debt, causing upset and worry.

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The Ombudsman’s role and powers

3. 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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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)
5. 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

6. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y complained to the Council in January 2022 after she received a PCN for a hire vehicle she had returned to a hire company two months earlier. She said she was not in possession of the vehicle at the time, and says she was told to provide evidence to confirm this. Miss Y says that by the time she had been able to receive confirmation of this from the hire company, the matter had proceeded to the enforcement stage, with bailiffs having been instructed to recover the debt.
8. Miss Y says she then provided the confirmation from the hire company to the Council, who said it was now too late for it to consider the evidence and referred Miss Y to her right to appeal to the Traffic Enforcement Centre (TEC).

Analysis

9. Miss Y has a right to submit a statutory declaration to the TEC, asking it to remove the charge certificate for the PCN. Miss Y can apply to the TEC to make a late statutory declaration, explaining why she has not been able to appeal previously. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal against it to the Council initially if necessary and then the Traffic Penalty Tribunal. Miss Y can then decide if she wishes to appeal the PCN or pay the penalty. This includes even if Miss Y has now paid bailiffs under duress.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect Miss Y to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Mr Y’s complaint because it is reasonable for Miss Y to appeal to the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman