Summary: We cannot investigate most of Mrs X’s complaint about the Council’s decision to issue her with a Penalty Charge Notice because she appealed to a court. We will not investigate the remainder because there is insufficient evidence of fault.

The complaint

1. Mrs X complained about the Council’s handling of a Penalty Charge Notice (PCN) it issued to her. Mrs X complained she was not the driver of the car at the time the PCN was issued. Mrs X also complains about the Council’s handling of her appeal.
2. Mrs X said the matter caused her distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. 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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate Mrs X’s complaint about the Council’s decision to issue her a PCN or about any discrepancies she says occurred in that process.
9. This is because Mrs X filed a late appeal with the Traffic Enforcement Centre (TEC). The TEC is a part of Northampton County Court. Mrs X asked the TEC to allow her to submit a late statutory declaration because she said she had not received a response from the traffic adjudicator within 28 days. The TEC considered Mrs X’s appeal but rejected it.
10. Because the courts have considered Mrs X’s appeal request the law says the Ombudsman has no jurisdiction to consider those matters now.
11. Mrs X also complained about the Council’s decision to send the debt to enforcement officers (bailiffs) to collect the debt for the PCN. In its complaint response the Council told Mrs X she can ask the enforcement agent to consider a debt repayment plan if payment would cause her financial hardship. There is insufficient evidence of fault in the Council’s process, and therefore we will not consider this complaint.

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Final decision

12. We cannot investigate most of Mrs X’s complaint because she appealed to a court. We will not investigate the remainder because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman