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

The complaint

1. Mr Y complained about the Council continuing to pursue him for Penalty Charge Notices (PCNs) which he says he has already paid.
2. Mr Y says this has caused him worry and upset as he is concerned he will be contacted by bailiffs.

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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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y says the Council has issued a Charge Certificate to him, despite him having paid the penalties. Councils use Charge Certificate to register the debt with the Traffic Enforcement Centre, when a PCN has been unpaid.
8. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCNs. If necessary this can be through the late statutory declaration process. Mr Y may want to contact the TEC to clarify this.
9. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reinstating Mr Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. Mr Y can then provide his evidence of the payment of the PCNs at an earlier date.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman