London Borough of Newham (24 006 572)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s handling of penalty charge notices. This is because it would be reasonable for Miss X to apply to the Traffic Enforcement Centre to challenge the Council’s escalation of the case.
The complaint
Miss X complained the Council were wrong to pursue her to recover outstanding charges because of penalty charge notices (PCN) it said she was liable for. Miss X also said she was unhappy the Council instructed enforcement agents (bailiffs) to recover payment from her. Miss X wants the Council to cancel the PCN’s.
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)
- The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X said she was unhappy the Council said she was liable for PCN’s it issued to her, in particular after she told it the PCN’s had been cancelled at court. She also said because she had moved home, she did not receive a ‘Notice to Owner’ relating to another PCN.
- If Miss X believes she is not liable for any PCN’s or wishes to challenge the Council’s decisions about PCN’s, she can apply to the TEC and make a late witness statement. If the TEC accept Miss X’s application, it may order the Council to take the process back to an earlier stage, reducing the amount she owes and reinstating her right of appeal, to the parking adjudicator, should she wish to use it. The process is free and relatively simple to use, and it would therefore be reasonable for Miss X to use it. In any case we cannot direct the Council to cancel any PCN’s.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Miss X to apply to the TEC to make a witness statement.
Investigator's decision on behalf of the Ombudsman