Summary: We will not investigate this complaint about a penalty charge notice. This is because it is reasonable to expect Miss X to apply to the Traffic Enforcement Centre to make a late witness statement/statutory declaration.

The complaint

1. Miss X complains she did not receive a penalty charge notice (PCN) issued by the Council. The Council sent the PCN, for non-payment of a clean air zone charge, to a previous address where Miss X no longer lives so she only became aware of it at a later stage. She therefore missed the opportunity to appeal against the PCN and had to pay it at the increased rate of more than £500 including enforcement agents’ fees.

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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 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 Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

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How I considered this complaint

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

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My assessment

7. When Miss X became aware of the PCN she contacted the Council to query it. Because the Council had progressed the case and Miss X no longer had the right to appeal against the PCN, the Council told her that she could apply to the TEC to make a late witness statement/statutory declaration.
8. It does not appear Miss X has made an application to the TEC but we would consider it would be reasonable for her do so. The process is free and relatively simple to use and if successful, the TEC may order the Council to take the process back to an earlier stage, reducing the amount of the penalty charge and removing the basis for any charges added by the Council’s enforcement agents. If the TEC refuses the application Miss X may apply for a review of its decision.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable to expect Miss X to apply to the Traffic Enforcement Centre to make a late witness statement/statutory declaration.

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Investigator's decision on behalf of the Ombudsman