Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Mrs Y appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal.

The complaint

1. Mrs Y complained the Council has pursued her for Penalty Charge Notices (PCNs) which she says she is not responsible for as she had sold the vehicle at the time the contraventions occurred.
2. Mrs Y says bailiffs attended her previous address, which her mother lives at, and required her to pay £423 to clear the debt, causing her distress and financial 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 Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mrs Y says she sold the vehicle involved in the contraventions several years ago and sent a copy of the V5 document to the DVLA, although it appears this may not have been received and updated.
8. Mrs Y says she has provided details of the person she sold the vehicle to to the Council, including evidence of an advert from which she sold the vehicle, however the Council has not accepted this as evidence of the vehicle ownership being transferred. Mrs Y also says when she made representation to the Council against the PCN in 2022, she did not receive a Notice of Rejection. She says she has also received two other PCNs. She approached us in March 2023.

Analysis

9. Mrs Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs. Mrs Y can apply to the TEC to make a late statutory declaration, explaining why she did not previously use her right of appeal, including that she did not receive the Notice of Rejection from the Council. If the TEC accepts Mrs Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mrs Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty. The TEC can also order the council to refund the amount Mrs Y has already paid, including any fees paid to bailiffs, if it sees fit.
10. The law says we cannot normally investigate a complaint when someone could take the matter to court, in this instance the TEC. The TEC is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mrs Y has not provided any other reason why she cannot, it is reasonable to expect Mrs Y to use this right to appeal the PCNs. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs Y ’s complaint because it is reasonable to expect Mrs Y appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman