Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it would be reasonable for the complainant to apply to the Traffic Enforcement Centre to make a late witness statement. We are unlikely to find fault by the Council in relation to the remaining issues complained about.

The complaint

1. Miss X has complained she is being pursued for a Penalty Charge Notice (PCN). Miss X says she did not receive any correspondence from the Council and did not know about the PCN until she was contacted by enforcement agents. Miss X says the Council failed to take any action after she told it she was vulnerable, and she has been harassed by the enforcement agents. Miss X says she has been caused significant distress by the matter.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. We investigate 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I am satisfied the Council followed the correct process before the outstanding debt was passed to enforcement agents. I understand Miss X says she did not receive any correspondence from the Council and did not know about the PCN until she was contacted by the enforcement agents. However, Miss X can make a late witness statement to the Traffic Enforcement Centre (TEC) at Northampton County Court. If the TEC accepts Miss X’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss X’s appeal right. I have seen no information to show it is unreasonable to expect Miss X to use this alternative remedy.
8. Miss X has also complained the Council failed to take any action after she told it she was vulnerable. However, I am unlikely to find fault by the Council in this regard. The case was already with enforcement agents when Miss X told the Council she was vulnerable. Once the Council was informed it agreed to place a two week hold on the PCN and advised Miss X to contact the enforcement agent’s welfare team so it could consider if further steps could be taken to assist her.

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Final decision

9. We will not investigate Miss X’s complaint because it would be reasonable for her to apply to the TEC to make a late witness statement. We are unlikely to find fault by the Council in relation to the remaining issues complained about.

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Investigator's decision on behalf of the Ombudsman