Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

The complaint

1. Mr y complained the Council failed to respond to his representations against a Penalty Charge Notice (PCN). Mr Y says he has since been contacted by bailiffs who have said they will take his vehicle if the debt remains unpaid, but Mr Y says he has still not received a response to his appeal.
2. Mr Y says the issue has caused him inconvenience, upset and worry at a difficult time for his family.

Back to top

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. 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)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC) based at Northampton County Court, asking it to remove the charge certificate for the PCN. In this application he can explain why he has not been able to appeal to the Tribunal earlier, and that he did not receive a response to his representations.
8. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal (TPT). Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
9. The TPT can consider how the Council dealt with Mr Y’s appeal, and whether it followed the correct process in considering his representations. Mr Y may wish to submit details to the TPT to show how he sent the representations, which he did not receive a response to. If the TPT finds that the Council did not follow the procedure properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman