Summary: We will not investigate this complaint about a Penalty Charge Notice. It was reasonable for Miss X to submit a Witness Statement to the Traffic Enforcement Centre explaining she did not receive the notice.

The complaint

1. Miss X complained the Council proceeded with increasing the cost of a parking penalty, despite her not having received the original Penalty Charge Notice (PCN). She said this denied her the opportunity to appeal or pay the reduced rate, and that the matter caused her distress. She wanted the Council to revert to the reduced rate, reinstating her opportunity to pay or appeal.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Traffic Enforcement Centre (TEC) is a court. It was established to allow local authorities to register PCNs that remain unpaid. Before a local authority seeks an Order from the TEC, the recipient of the PCN will normally have had three opportunities to challenge it.
6. Where a person has not had the opportunity to challenge a PCN because they have not received the Notice to Owner (NtO), it is open to them to submit a Witness Statement to the TEC explaining they did not receive the NtO. A valid Witness Statement automatically revokes the order for the recovery of the unpaid penalty charge and the charge certificate, and where the person did not receive the NtO the council will reissue it.
7. Although the keeper should make Witness Statement within 21 days of the order of recovery, the TEC has discretion to accept an application made outside this time limit. If the keeper wishes to make a late Witness Statement they must apply to the TEC to do so.
8. Where a person has a statutory right to achieve the remedy they seek via court, we will normally not investigate the matter instead. There is not a reason for us to consider the matter instead in this instance, as the court is best placed to consider the issue Miss X complains about. The Council advised Miss X she would have the right to submit a Witness Statement to the TEC, and she will have since received contact directly from the court. It is reasonable for her to seek permission to make a late Witness Statement if she has not already used this right.

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Final decision

9. We will not investigate Miss X’s complaint because it was reasonable for Miss X to submit a Witness Statement to the Traffic Enforcement Centre explaining she did not receive the notice.

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Investigator's decision on behalf of the Ombudsman