Summary: We will not investigate this complaint about how the Council referred Mrs X’s parking penalty to an enforcement agency. This is because the complaint is late and there is no good reason to exercise discretion.

The complaint

1. Mrs X complained the Council delayed responding to her email regarding a payment plan and referred the debt to an enforcement agency.
2. Mrs X complained the enforcement agency have caused her great distress. She would like her account to be closed as paid in full.

Back to top

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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X complained the Council did not respond to her email and referred her parking penalty to an enforcement agency to recover a debt incurred after she was issued a penalty charge notice.
8. Based on the evidence provided, Mrs X’s payment arrangement was made with the enforcement agency and not the Council.
9. The Council passed Mrs X’s debt to the enforcement agency in 2023. Therefore, this complaint is late, and I do not see a good reason why Mrs X could not have come to us earlier.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because the complaint is late and there is no good reason to exercise discretion.

Back to top

Investigator's decision on behalf of the Ombudsman