Summary: The Council was not at fault for how it handled Ms X’s debt from a Penalty Charge Notice.

The complaint

1. Ms X complains about the way the Council handled her debt from a Penalty Charge Notice (PCN). Ms X said she believed she had previously paid this and as a result has paid £189 due to the Council’s error.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

Back to top

How I considered this complaint

4. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Law and guidance

6. If a motorist breaks moving traffic rules, they might receive a fine. This fine is called a Penalty Charge Notice.
7. The authority will send the notice to the person who appears to own the vehicle (usually the registered keeper) by post. The notice will show the fine amount and how to appeal.
8. The motorist has 28 days from the date of the notice to pay the fine or ‘make representations’ against it.
9. The fine is usually halved if it is paid within 14 days in London or within 21 days outside London.
10. If the authority rejects the appeal, the motorist can appeal to the Traffic Penalty Tribunal.
11. The authority can issue a charge certificate which increases the fine by 50% if:
• the fine is not paid;
• the motorist does not appeal against the fine; or
• the appeal is not successful.
12. If the fine is still not paid, the authority can register the debt with the Traffic Enforcement Centre at Northampton County Court. The authority can then ask enforcement agents (bailiffs) to collect payment for the fine and the bailiff’s costs.
13. The motorist can apply to the TEC to ask them to cancel the registration of the debt. They do this by filling in a witness statement or statutory declaration.
14. If the motorist is successful, the TEC might order the authority to go back to an earlier stage which will reduce the fine and they will not have to pay the bailiff’s costs. It might also give them back their right to appeal.
15. If the motorist is too late to make a witness statement they might be able to ask the TEC to look at their application ‘out of time’. If the TEC will not look at the application ‘out of time’ they might be able to ask them to review their decision.

What happened

First PCN

16. In late June 2023, Ms X was caught driving in a bus lane. On 29 June 2023, the Council issued Ms X with a PCN. I refer to this as PCN 1.
17. Ms X sent the Council representations in mid-July 2023. The Council acknowledged this but then rejected Ms X’s representations in September 2023.
18. As the fine remained unpaid the Council issued a charge certificate in October 2023.
19. In April 2024, the Council reissued this PCN 1 to Ms X and on 14 May 2024, Ms X paid £35.

Second PCN

20. In late July 2023 Ms X was caught driving in a bus lane. The Council issued her with a PCN on 28 July 2023. I refer to this as PCN 2. As Ms X did not pay the fine or make representations against it the Council issued a charge certificate on 22 September 2023.
21. In November 2023, the Council registered the debt with the TEC. A warrant for the debt was issued in February 2024 and the debt was passed to enforcement agents.
22. On 31 May 2024, Ms X paid £189 to enforcement agents. This covered the debt which had risen to £114 plus the enforcement agent fees. Ms X told the Council she had moved address so did not receive the correspondence about PCN 2.
23. On 1 July 2024, the Council told Ms X it would refund her the money she had paid but she would need to send an Out of Time Witness Statement to the TEC. The Council provided her a copy of an Out of Time Witness Statement to complete. The Council explained to Ms X once the original PCN 2 was revoked it would send a new notice to owner to Ms X and start the process again at her new address. The Council told Ms X she could either pay the new PCN 2 or make representation if she felt she had grounds to.
24. In early December 2024, the Council processed Ms X’s refund of £189 which she paid in May 2024 for PCN 2. The Council also reissued PCN 2 to Ms X.
25. Ms X did not pay the PCN or make representations so the Council issued a charge certificate in January 2025. The Council registered the debt at the TEC in March 2025 as it had not received payment from Ms X. In April 2025, a warrant was issued for the debt and it was passed to enforcement agents.
26. In May 2025, Ms X paid £189 to enforcement agents and then made a formal complaint to the Council about how it had handled her debt. Ms X said she had already paid for this debt.
27. In mid-May 2025, the Council responded to Ms X’s complaint. The Council:
• Provided Ms X with a timeline of events for PCN 2.
• Told Ms X it originally gave her a PCN in July 2023 and progressed this to debt collectors. The Council said after Ms X sent an Out of Time Witness Statement to the TEC it decided to re-issue PCN 2 and did so in December 2024. As Ms X did not pay or make representations, the debt has progressed to enforcement agents again.
• Said the £35 Ms X paid related to a different PCN.
• Said it would not refund the £189 she paid in May 2025 and if she wanted to challenge this to send an Out of Time Witness Statement to the TEC.
28. Ms X remained dissatisfied and complained to the Ombudsman.

Analysis

29. Ms X received two PCNs in summer 2023, both for being in a bus lane. In relation to PCN 1 Ms X paid this in May 2024. Ms X paid £35 to clear the debt.
30. In relation to PCN 2. The Council progressed this to enforcement agents in May 2024 and Ms X paid £189. The Council later agreed to refund Ms X this amount as she said she had moved address so did not get the paperwork relating to this debt.
31. The Council then reissued PCN 2 in December 2024 at Ms X’s new address. This started the process again. In its correspondence to Ms X the Council explained Ms X could either pay PCN 2 or make representations if she wanted to challenge it. Ms X did not pay PNC 2 and the debt again progressed to enforcement agents. This resulted in Ms X paying £189 in May 2025 to clear the debt. Ms X should have either paid the PCN when the Council reissued it in December 2024 or made representations if she disagreed with the PCN. As she did neither the debt progressed to enforcement agents. I do not consider the Council was at fault for how it handled this.

Back to top

Decision

32. I find no fault.

Back to top

Investigator's decision on behalf of the Ombudsman