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 him to apply to the Traffic Enforcement Centre to challenge the Council’s escalation of the case.

The complaint

1. Mr X says the Council wrongly sent correspondence about a Penalty Charge Notice (PCN) to his old address, so he did not receive it. He believes this amounts to a data breach.

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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 do not start or continue an investigation if we decide there is another body better placed to consider this complaint.

(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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. 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.
8. We will not investigate this complaint. Mr X can apply to the TEC to make a late witness statement stating he did not receive the Notice to Owner. If the TEC accepts Mr X’s application, it may order the Council to take the process back to an earlier stage, reducing the amount he owes and reinstating his right of appeal, should he wish to use it.
9. Mr X says the Council’s actions amount to a data breach. The Information Commisioner’s Office (ICO) is the UK’s independent regulator for complaints about information rights and data protection. If Mr X considers the Council has breached data protection rules, the ICO is better placed to consider a complaint about this.

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Final decision

10. We will not investigate Mr X’s complaint because it would be reasonable for him to apply to the TEC to make a late witness statement. The ICO is better placed to consider his complaint about a data breach.

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Investigator's decision on behalf of the Ombudsman