Summary: We will not investigate this complaint about penalty charge notice because it is reasonable to expect Mr X to challenge the Council’s escalation of the case with the Traffic Enforcement Centre.

The complaint

1. Mr X complains about a Penalty Charge Notice (PCN) issued by the Council. He says the Council did not provide photographic evidence of the contravention, the Council sent the PCN to the wrong address and failed to respond to his representations against it. He wants the enforcement action to be put on hold to allow for the PCN to be correctly reviewed.

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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 Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal. If the motorist does not pay or make formal representations, the council will issue a charge certificate and may then apply to the TEC to register the debt. The council may then instruct enforcement agents to recover the debt.
8. The Council issued a PCN against Mr X’s company vehicle in 2024. Mr X complained that the PCN was not sent to the company’s registered address; as a result, he was not aware of the PCN until six months later. The Council said it sent the PCN to the address of the vehicle’s registered keeper.
9. When Mr X became aware of the PCN he submitted late representations to the Council to challenge it. He says the Council failed to respond to these representations and instead escalated the case and registered the unpaid PCN as a debt with the TEC. It then instructed enforcement agents to recover the debt. Mr X complained the Council started enforcement action while he was trying to work with them to resolve the issue.
10. Although Mr X wants the Council to pause further action against him, we cannot say it must do this. The TEC has confirmed payment is due and if Mr X wishes to challenge the Council’s actions it would be reasonable to expect him to apply to the TEC to make a late witness statement.
11. If the TEC accepts the application, it may order the Council to take the PCN back to an earlier stage, removing the basis for any surcharges to enforcement fees and reinstating Mr X’s right of appeal against the PCN. He may then appeal to the Council on the grounds of the lack of photographic evidence or whichever grounds he considers appropriate.

If the TEC refuses an application Mr X may apply for a review of the decision. While the TEC considers Mr X’s application the Council must put a hold on any further action.

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Final decision

12. We will not investigate Mr X’s complaint. This is because it is reasonable for him to apply to the TEC to make a late witness statement.

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Investigator's decision on behalf of the Ombudsman