Summary: We will not investigate Mr X’s complaint about a penalty charge notice. This is because it would have been reasonable for Mr X to appeal.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council for an alleged clean air zone contravention. Mr X says his car meets the emissions standards so he does not have to pay the charge. He says when he challenged the Council it changed the PCN and accused him of driving in a bus lane but the Council’s photographs do not show any bus lane. Mr X has not paid the PCN so the Council has escalated the case and registered the unpaid PCN as a debt with the Traffic Enforcement Centre (TEC) at Northampton County Court. It then instructed enforcement agents (bailiffs) to recover payment from him.

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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 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. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
5. 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)
6. 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.

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How I considered this complaint

7. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

8. There is a set procedure councils must follow when pursuing PCNs for moving traffic contraventions. When a council identifies a contravention it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal.
9. The motorist has 28 days from the date of the notice to pay the penalty charge or make representations against it. For the first 14 days after the PCN the motorist may pay at a discounted rate of 50% of the full fine.
10. If the motorist does not pay the PCN or challenge it, or if their representations are unsuccessful, the council may issue a charge certificate increasing the amount of the penalty charge by 50%. If the charge remains unpaid the council may then register the debt with the county court and serve an order for recovery, providing a basis for action by bailiffs to recover payment from the motorist.
11. Mr X says he disputed the PCN but there is no suggestion he appealed against it to the Traffic Penalty Tribunal. The Tribunal is the proper body to deal with appeals against PCNs and I have seen nothing to suggest it would not have been reasonable for Mr X to appeal. I will not therefore exercise my discretion to investigate the complaint.
12. If Mr X did not receive the original PCN, or in the event he did not receive a response to his representations, he may apply to the Traffic Enforcement Centre (TEC) to take the process back to an earlier stage; he can do this by making a late witness statement/statutory declaration. If successful the TEC may order the Council to reissue the PCN; this would reinstate Mr X’s right of appeal, remove the basis for the bailiff’s fees and give Mr X the opportunity to pay the PCN at the original rate. If the TEC refuses his application he may apply for a review of its decision by a district judge.

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Final decision

13. We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman