Summary: We cannot investigate this complaint about a Penalty Charge Notice because Miss Y has already used her right to approach the Traffic Enforcement Centre about the same matter.

The complaint

1. Miss Y complained the Council sent correspondence for a Penalty Charge Notice (PCN) to an incorrect address, which led to the penalty amount increasing and progressing to enforcement.
2. Miss Y says is led to the amount increasing to £550, from the original amount of £65. Miss Y says this has caused her anxiety and she cannot afford the increased amount.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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 has complained that she did not receive correspondence relating to a PCN as it was sent to an incorrect address. The Council says it sent the correspondence to the address the vehicle’s registered keeper was registered at with the DVLA, as it is legally required to do. As Miss Y says she did not receive the correspondence she says she was unable to make representations or pay the penalty at an earlier stage. The penalty amount, with enforcement costs, has now increased to £550, which Miss Y says she cannot afford to pay.
8. Miss Y has used her right to approach the Traffic Enforcement Centre (TEC) based at Northampton County Court to seek permission to reinstate her right of appeal against the PCN. The TEC has the power to take the penalty back to an earlier stage if it wishes and reduce the amount Miss Y is expected to pay. As Miss Y has already used her right to approach the TEC, we do not have the power to investigate her complaint. We cannot investigate.

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Final decision

9. We cannot investigate Miss Y’s complaint because Miss Y has already used her right to approach the Traffic Enforcement Centre about the same matter.

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Investigator's decision on behalf of the Ombudsman