Tunbridge Wells Borough Council (25 008 235)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 20 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council sending correspondence about two penalty charge notices to the wrong address. This is because it would be reasonable for Miss X to apply to the Traffic Enforcement Centre to take the process back to an earlier stage.
The complaint
- Miss X complains the Council sent correspondence about two penalty charge notices (PCNs) to her old address. She says she only became aware of the PCNs when the Council’s enforcement agents contacted her demanding payment.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Miss X and the Ombudsman’s Assessment Code.
My assessment
- Because Miss X did not receive the PCNs she may apply to the TEC to make a late witness statement/statutory declaration. Miss X is clearly aware of this process and I have seen nothing to show it would be unreasonable to expect her to use it.
- If the TEC accepts her application it may order the Council to take the process back to an earlier stage, reinstating her right of appeal, reducing the amount of the penalty charge and removing the basis for the enforcement agents’ fees. If the TEC refuses Miss X’s application she may apply for a review of its decision.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for Miss X to apply to the TEC to make a late witness statement/statutory declaration.
Investigator's decision on behalf of the Ombudsman