Summary: We will not investigate Mr X’s complaint about the Council’s handling of a Penalty Charge Notice. This is because it would be reasonable for him to apply to the Traffic Enforcement Centre to take the process back to an earlier stage.

The complaint

1. Mr X complains the Council failed to follow the proper process in dealing with a penalty charge notice (PCN) issued to him. He says the Council:
• escalated the case and issued a Charge Certificate too early; and
• failed to consider his formal representations, which prevented him from appealing to the Traffic Penalty Tribunal.
2. Mr X says this has caused him significant stress and uncertainty, and the Council is now threatening enforcement action.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The Traffic Enforcement Centre (TEC) is part of the 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

7. I considered information provided by Mr X and the Council.
8. I also considered the Ombudsman’s Assessment Code.

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My assessment

9. Once a council has issued a ‘Notice to Owner’ for a parking or moving traffic contravention, the motorist has 28 days to make formal representations. If the motorist does not appeal, or appeals unsuccessfully and still does not pay the penalty charge, the Council can issue a Charge Certificate.
10. Mr X says the Council issued a Charge Certificate before the time limit for making representations against the PCN expired.
11. The evidence I have seen shows the Council issued the Charge Certificate on the expiry date of the Notice to Owner, rather than the day after its expiry. After Mr X raised concerns about this, the Council cancelled the Charge Certificate and reissued it correctly.
12. As the Council recognised and corrected the error, I do not consider there is any significant outstanding injustice to Mr X. Therefore, I will not investigate this aspect of his complaint.

Representations

13. Mr X also complains the Council failed to consider formal representations he made in response to the Notice to Owner. He says this prevented him from appealing to the Traffic Penalty Tribunal and the Council is now threatening enforcement action.
14. The Council’s complaint response states that it did not issue a Notice of Rejection because it did not receive any formal representations from Mr X. Mr X then did not pay the PCN at the Charge Certificate stage so the Council is reviewing the PCN before formally registering it as a debt with the TEC.
15. Once registered with the TEC, the Council will issue Mr X an Order for Recovery. He will then have the option to file a Witness Statement with the TEC which, if successful, might order the Council to take the process back to an earlier stage and restore his right to appeal.
16. As explained in paragraph 5, we do not usually investigate a complaint where it would be reasonable for someone to take the matter to court. I therefore consider Mr X should wait for the Order for Recovery and file a Witness Statement with the TEC. This is the more appropriate pathway to address the type of fault Mr X alleges as an investigation by us is unlikely to determine whether the Council received his formal representations and we have no powers to reinstate Mr X’s right of appeal as the TEC does. Therefore, I will not investigate this aspect of Mr X’s complaint.

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Final decision

17. We will not investigate Mr X’s complaint because it is reasonable for him to wait for an Order for Recovery and apply to the TEC to make a witness statement.

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Investigator's decision on behalf of the Ombudsman