Middlesbrough Borough Council (23 002 284)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 06 Jun 2023
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a penalty charge notice. This is because it would be reasonable for Mr X to use the alternative remedy available to him.
The complaint
- The complainant, Mr X, complains the Council failed to respond to his representations against a penalty charge notice (PCN) issued in April 2022. He disputes the PCN but says the Council has now passed the case to enforcement agents (bailiffs) to recover payment. Mr X says this has had a significant impact on his health.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- Mr X disputes the PCN but its validity is a matter for the appeals process. Mr X says he made representations against the PCN but the Council did not consider or respond to his representations.
- As Mr X alleges the Council did not follow the proper process it would be reasonable for him to apply to the Traffic Enforcement Centre at Northampton County Court to make a late witness statement. The Council has explained this process to Mr X in response to his complaint and it provides a suitable alternative remedy for the issue he has raised. It also provides a benefit in that once Mr X has made his application the Council must put further recovery action on hold until the TEC has decided whether to accept Mr X’s application.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a late witness statement.
Investigator's decision on behalf of the Ombudsman