Summary: We will not investigate this complaint about the Council’s handling of 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.

The complaint

1. Miss X complains she did not receive a penalty charge notice (PCN) issued by the Council for parking in a place where there are restrictions. She says she has never visited the location and did not receive any letters associated with the PCN. She says she only became aware of it at a later stage and therefore missed the opportunity to appeal. She is unhappy she had to borrow money to pay the PCN at the increased rate of more than £400 including enforcement agent (bailiff) 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. Because Miss X did not receive the Council’s correspondence about the PCN she can apply to the TEC to make a late witness statement. If successful, the TEC may order the Council to take the process back to an earlier stage, reducing the penalty charge and removing the basis for any charges added by enforcement agents. If the TEC refuses the application Miss X may apply for a review of its decision.
8. It does not appear Miss X has made an application to the TEC but we consider it reasonable for her to do so. The process is free and relatively simple to use. The TEC has the power to take the PCN back to an earlier stage, including reinstating Miss X’s right of appeal without the need to show any fault by the Council. This is something we cannot do.

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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.

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Investigator's decision on behalf of the Ombudsman