Summary: We will not investigate Miss X’s complaint about the Council’s handling of a penalty charge notice. This is because it would be reasonable for Miss X to take the matter to the Traffic Enforcement Centre, which is part of Northampton County Court.

The complaint

1. The complainant, Miss X, complains about the Council’s escalation of a penalty charge notice (PCN). She says she did not receive the original PCN and wants the Council to take the process back to an earlier stage, reducing the amount owed.

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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. 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

5. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

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My assessment

6. Because Miss X did not receive the Council’s correspondence about the PCN she may apply to the TEC to challenge the Council’s escalation of the case. She can do this by applying to make a late witness statement or statutory declaration, depending on the nature of the contravention. The TEC will be able to provide advice about the type of application Miss X would need to make.
7. While the TEC considers Miss X’s application any further action by the Council or its enforcement agents (bailiffs) would be placed on hold.
8. If the TEC accepts Miss X’s application it may order the Council to take the process back to an earlier stage, removing the basis for any additional fees and surcharges and reinstating her right of appeal against the PCN. If the TEC refuses Miss X’s application she may apply for a review of its decision.
9. We consider it would be reasonable for Miss X to apply to the TEC to consider the matter and we will not therefore exercise our discretion to investigate the complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman