Summary: We will not investigate this complaint about a Penalty Charge Notice as we could not achieve more than what the Council is now doing.

The complaint

1. Mr X complains that the Council failed to consider his representations when pursuing him for a Penalty Charge Notice (PCN) for an alleged parking contravention, meaning he missed out on being able to challenge the PCN with the Traffic Penalty Tribunal.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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.

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. The Council issued Mr X a PCN and sent him a Notice to Owner which informed him how he could make representations as to why the charge should not be paid. The Council says that it did not receive a representation via the routes detailed in the Notice to Owner, so a Charge Certificate was issued. Mr X disputes this and says he did make representations.
8. The Council has recently told the Ombudsman that it will refund the Charge Certificate payment and issue Mr X with an Order for Recovery. This will give him the opportunity to complete a Witness Statement to the Traffic Enforcement Centre (TEC). One of the grounds for filing a Witness Statement is that formal representations were made to a council, but no rejection was sent.
9. I will not investigate Mr X’s complaint. The Council’s actions have provided Mr X with a route to challenge the PCN so further investigation by the Ombudsman could not achieve anything more. It is now reasonable for Mr X to use his right of appeal to the TEC.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we could not achieve anything more than what the Council is now doing.

Back to top

Investigator's decision on behalf of the Ombudsman