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

The complaint

1. The complainant, Mr X, complains he did not receive a penalty charge notice (PCN) issued by the Council for driving in the clean air zone without paying the charge. He believes the Council has knowingly failed to issue PCNs in order to increase the amount of the charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court but cannot investigate if the person has already been to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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

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

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My assessment

7. Mr X has provided no evidence in support of his assertion that the Council has been issuing PCNs without sending out the required documentation and it is unlikely we could prove it has done this in his case or others.
8. In any event, as Mr X is aware there is an alternative remedy for the issue which is part of the statutory process. Any motorist who did not receive the original PCN may apply to the TEC to make a witness statement/statutory declaration. If the TEC accepts the application it has the power to take a PCN back to an earlier stage, reinstating the motorist's right of appeal and removing the basis for any additional charges.
9. The process is specifically designed to deal with issues such as the one Mr X had in this case and I consider it reasonable for Mr X to use it.

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Final decision

10. We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a witness statement/statutory declaration.

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Investigator's decision on behalf of the Ombudsman