Summary: We will not investigate this complaint about the Council’s failure to respond to Mrs X’s representations against a penalty charge notice. This is because it would be reasonable for Mrs X to apply to the Traffic Enforcement Centre to make a late witness statement/statutory declaration.

The complaint

1. Mrs X complains the Council failed to respond to her representations against a penalty charge notice (PCN). The Council then sent enforcement agents (bailiffs) to recover payment from her. Mrs X wants the Council to refund her payment of more than £500 and remove any county court judgement (CCJ) registered against her.

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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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

6. The PCN process does not result in the registration of any CCJs. The Council has registered the unpaid PCN as a debt with the TEC but the effect of this is to allow the Council’s bailiffs to recover payment from Mrs X; it is not retained on her record as a CCJ.
7. I appreciate it was frustrating for Mrs X not to receive a response to her representations and to find out the Council had escalated the case without her knowledge. But she has an alternative remedy for this issue in accordance with Paragraphs 3 and 4 above, which it would be reasonable for her to use. The complaint therefore falls outside our jurisdiction.
8. Mrs X may apply to the TEC to make a late witness statement or statutory declaration on the grounds she made representations to the Council but did not receive a response. If the TEC accepts her application this would take the process back to an earlier stage, reinstating her right of appeal against the PCN and reducing the amount of the penalty charge. We would then expect the Council to refund her payment and give her a new opportunity to appeal. If the TEC refuses Mrs X’s application Mrs X may apply for a review of its decision.
9. It is not for us to decide whether Mrs X is liable for the PCN and we have no formal powers to cancel it. It would therefore be reasonable for Mrs X to use the process set out as this can achieve more than we could and may lead to a new opportunity to appeal.

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Final decision

10. We will not investigate this complaint. This is because it would be reasonable for Mrs X to apply to the TEC to make a late witness statement/statutory declaration.

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Investigator's decision on behalf of the Ombudsman