Summary: We will not investigate this complaint about penalty charge notices and subsequent enforcement action.

The complaint

1. Ms X complains the Council wrongly issued her with three Penalty Charge Notices (PCNs). She also complains about subsequent enforcement action. She wants the Council to refund her the enforcement fees and stop its enforcement action.

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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. London Tribunals considers parking and moving traffic offence appeals for London.
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. There is a formal process to follow to appeal Penalty Charge Notices. If a council rejects an appeal, the motorist can appeal to an independent tribunal. For London, this is London Tribunals.
9. We will not investigate the Penalty Charge Notices issued to Ms X. Ms X Where there is a formal appeals process, we expect people to use this if they wish to challenge a PCN. If Ms X did not agree she was liable for the charges, she could have appealed the PCNs at the time.
10. When it did not receive payment, the Council registered the debt with the Traffic Enforcement Centre (TEC) at Northampton County Court. Once registered, a council can ask enforcement agents to collect payment for the debt. Enforcement agents are allowed to add fees to the debt to cover their costs. Ms X made a statutory declaration to the TEC asking it to cancel the registration of the debt, but this was rejected.
11. Once the TEC had rejected Ms X’s appeal, the Council asked its enforcement agent to resume collection of the debt. An enforcement agent visited Ms X at home and Ms X has now paid the debt.
12. We will not investigate the Council’s enforcement action as there is insufficient evidence of fault. Although I accept enforcement action is distressing, the TEC had rejected Ms X’s appeal, and she was therefore liable for the debt. Once registered, the Council can ask enforcement agents to collect a debt on its behalf. There is insufficient evidence of fault to warrant an investigation.

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Final decision

13. We will not investigate Ms X’s complaint because she had a right of appeal to a tribunal about the Penalty Charge Notices and there is insufficient evidence of fault in the Council’s enforcement action to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman