Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Miss Y to approach the courts and the Traffic Enforcement Centre based at Northampton County Court about the matter.

The complaint

1. Miss Y complained the Council has pursued her for Penalty Charge Notices (PCNs) incurred in 2021 and 2022, which Miss Y should not be owed after she became bankrupt in 2023.
2. Miss Y says she has been wrongly pursued for the debt and has been deeply distressed by the issue.

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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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 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 Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued PCNs to Miss Y in 2021 and 2022. In June 2023, Miss Y was declared bankrupt and received a Debt Relief Order (DRO). She says she was then contacted by bailiffs acting on behalf of the Council to pursue the unpaid PCNs in 2024. There is now a dispute about whether the debt from the PCNs was included in the DRO or whether Miss Y can be pursued for the debt.
7. For enforcement agents (bailiffs) to act in cases where a PCN debt is pursued, the Council must register the debt of the penalty with the Traffic Enforcement Centre, based at Northampton County Court. We cannot decide whether the debt is a part of the bankruptcy or not. Where there is a dispute a court must decide what debts are included. Consequently, the courts are better placed to consider the complaint than we are, as it can decide the issue, where we cannot.
8. The TEC is often 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 her to use this right to appeal. Alternatively, it may be that she would need to approach the court who made the DRO, to seek confirmation. Miss Y may wish to seek legal advice about this. We will not investigate this complaint.

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Final decision

9. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to approach the courts and the Traffic Enforcement Centre based at Northampton County Court about the matter.

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Investigator's decision on behalf of the Ombudsman