Summary: We will not investigate this complaint about extra costs added to a penalty charge notice as Mr X can address this by making a statutory declaration to the Traffic Enforcement Centre.

The complaint

1. Mr X complains about extra costs added to a penalty charge notice (PCN) the Council issued to him for driving in a bus lane. Mr X says the documents were sent to his old address despite him having updated his vehicle registration records. Mr X wants the extra costs to be removed.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The law provides a procedure whereby someone in Mr X’s position can challenge the enforcement of a PCN. Mr X can ask the Traffic Enforcement Centre (TEC), which is part of the county court system, to consider his case, by making a statutory declaration to it. The Council has advised Mr X of this. If the TEC accepts Mr X’s statutory declaration, the PCN will be set back and extra costs removed.
6. This is the correct procedure to challenge the PCN at this stage and as such it is reasonable to expect Mr X to follow it. We will not therefore investigate.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because he can ask the TEC to consider his case.

Back to top

Investigator's decision on behalf of the Ombudsman