Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Miss Y to approach the Traffic Enforcement Centre and then the Traffic Penalty Tribunal about the matter.

The complaint

1. Miss Y complained the Council has failed to refund her for payment taken by a bailiff for a Penalty Charge Notice she does not owe as she no longer owed the vehicle when the contravention occurred.
2. Miss Y says the issue has been distressing and has cost her £265 which she cannot afford to pay.

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The Ombudsman’s role and powers

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 law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

6. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y received two Penalty Charge Notices (PCNs) in 2024 from the Council for a vehicle she says she no longer owned. Miss Y appealed one of the PCNs to the Traffic Penalty Tribunal. The Council reviewed this PCN and cancelled the PCN Miss Y had appealed as a gesture of goodwill as she had received two PCNs in two days.
8. Meanwhile the second PCN progressed and enforcement action was taken by bailiffs acting on the Council’s behalf. Miss Y says this cost her approximately £265. She has sought to recover this amount.
9. Miss Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to take the process back to an earlier stage, reducing the amount of the PCN and reinstating her right of appeal against it to the Traffic Penalty Tribunal. The TEC has the power if it wishes to order the Council to refund not only the penalty amount but also the enforcement costs during this process. Miss Y can then decide if she wishes to appeal the PCN or pay the penalty.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect her to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to approach the Traffic Enforcement Centre and then the Traffic Penalty Tribunal about the matter.

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Investigator's decision on behalf of the Ombudsman