Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

The complaint

1. Mr Y complained the Council failed to take payment for the Clean Air Zone (CAZ), despite him having an Autopay account set up, resulting in five Penalty Charge Notices (PCNs). Mr Y is also unhappy the Council did not respond to his representations against the PCNs and where it did, responded inadequately.
2. Mr Y says the issue has caused him distress and worry about his finances.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)
5. 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)
6. 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

7. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

8. Mr y has already approached the Traffic Enforcement Centre (TEC) for at least one of the PCNs he has complained to us about. Where he has appealed to the TEC, the law says we do not have the power to investigate. This is even where the action cannot or did not provide a full remedy to the issue.
9. Where Mr Y has not appealed to the TEC and he is unhappy with the lack of response or the responses given by the Council, he can make a late or out of time statutory declaration, asking it to remove the charge certificates for the PCNs. If the TEC accepts Mr Y’s applications it can take the process back to an earlier stage, reducing the amount of the PCNs and reinstating Mr Y’s right of appeal against them to the Council initially and then the Traffic Penalty Tribunal. Mr Y can then decide if he wishes to appeal the PCNs or pay the penalties.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman