Summary: We will not investigate this complaint about Mrs X’s vehicle being clamped in relation to a Penalty Charge Notice she was unaware of. She has the right to send an out of time statutory declaration to the Traffic Enforcement Centre, on the basis that she did not receive the Penalty Charge Notice due to her address being incorrect on the Driver and Vehicle Licencing Agency's records.

The complaint

1. Mrs X complained about the Council’s enforcement agents having clamped her vehicle in relation to a Penalty Charge Notice (PCN) she had no knowledge of. She says the Council was not helpful when she contacted it, and says the matter has caused her significant distress, inconvenience and financial hardship. She says she would be willing to pay the original fine, but she would like the additional charges refunded.

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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)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Traffic Enforcement Centre. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says she received no correspondence to make her aware of a PCN before her car was clamped by bailiffs. She says she therefore had no opportunity either to appeal the PCN or to pay the PCN at a lower amount. She paid £514 to have her vehicle released.
8. Mrs X has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. She should explain that she could not appeal earlier as she was unaware of the PCN based on the Driver and Vehicle Licencing Agency's records being incorrect.
9. If the TEC accepts Mrs X's application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating her right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. This would put her back into the position she would have been in had she received the correspondence.
10. Mrs X can then decide if she wishes to appeal the PCN or pay the penalty. The TEC can also order the Council to refund the bailiffs costs to Ms Y if it wishes.
11. The law says we cannot normally investigate a complaint when someone can take the matter to court. It is reasonable for Mrs X to use her right to apply to file a statutory declaration out of time. We do not have the power to cancel the charge certificate as we do not have jurisdiction over the TEC.

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Final decision

12. We will not investigate Mrs X’s complaint because it is reasonable for her to use her right to send an out of time statutory declaration to the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman