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

The complaint

1. Miss Y complained the Council has issued Penalty Charge Notices (PCNs) to her for a period before she owned the vehicle.
2. Miss Y says the issue has made her upset and worried.

Back to top

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 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)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

6. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC) based at Northampton County Court, asking it to remove the charge certificate for the PCN and explaining why she has not been able to appeal to the tribunal before this point. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal.
8. This can be used even if Miss Y has paid enforcement agents. Miss Y can also ask the TEC to order the Council to refund any costs of the enforcement agents if she has been charged these in her application. If successful, Miss Y can then decide if she wishes to appeal the PCNs or pay the penalties.
9. This is free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect Miss Y to use this right to appeal. Therefore, we will not investigate this complaint.

Back to top

Final decision

10. We will not investigate Miss Y’s complaint because it is reasonable to expect her to appeal the matter to the Traffic Enforcement Centre and then the Traffic Penalty Tribunals.

Back to top

Investigator's decision on behalf of the Ombudsman