Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have followed the statutory process and appealed to the tribunal. In addition, there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN). Mr X wants the Council to waive the PCN and all charges.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. 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)
4. 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

5. I considered information provided by Mr X and the Council. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

6. If someone receives a PCN they can pay or follow the statutory process and appeal to the tribunal. If they take no action the Council will register the fine in court and instruct bailiffs. Once a fine has been registered in court the person might have grounds to apply to the court for a witness statement; grounds can include not receiving the Notice to Owner or making representations and not getting a reply.
7. The Council issued a PCN in February 2022. It received no response from Mr X so it obtained his address from DVLA and sent the Notice to Owner in March. It again received no response so, after serving a Charge Certificate, it registered the debt in court and instructed bailiffs. The Council says Mr X did not respond to any of the documents it sent.
8. I will not investigate this complaint because Mr X could have paid the PCN or, if he disputed it, followed the statutory process and appealed to the tribunal. It is reasonable to expect him to have appealed because the tribunal is the appropriate body to consider PCN disputes. If appropriate, the tribunal has the power to cancel a PCN – we do not have that power.
9. I also will not start an investigation because there is insufficient evidence of fault by the Council. The Council followed the correct process and, while I appreciate bailiffs charge fees, this is the correct consequence of someone neither paying nor challenging a PCN.
10. If Mr X thinks he has grounds he could apply to the court for a late witness statement. It would be for the court to decide whether to issue a witness statement. Mr X may wish to get advice to see if he has grounds to apply.

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Final decision

11. We will not investigate this complaint because Mr X could have appealed to the tribunal and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman