Summary: We will not investigate this complaint about the enforcement of a Penalty Charge Notice. It is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to seek to regain their appeal rights, and then to appeal to a tribunal. Additionally, we could not add to the investigation the Council has already done.

The complaint

1. Mr X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) and denied him his right to appeal against it. They say the matter has wrongly progressed through the enforcement procedure as liability has not been transferred.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. We cannot normally investigate a complaint when someone could take the matter to court or use 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 go to court or appeal. (Local Government Act 1974, sections 26(6)(a) and (c), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the PCN process back where there has been procedural fault.
5. 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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information from Mr X and the Council, and the Ombudsman’s Assessment Code.

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My Assessment

7. Mr X leases a vehicle from a leasing company. The vehicle was issued a PCN. Mr X made representations to the Council contesting the PCN, and provided information which, in his view, transferred liability from the leasing company to him.
8. Mr X can apply to the TEC to ask them to cancel the registration of the debt. They do this by filling in a witness statement or statutory declaration.
9. If Mr X is successful, the TEC might order the authority to go back to an earlier stage which will reduce the fine and they will not have to pay the bailiff’s costs. It might also give them back their right to appeal.
10. If Mr X is too late to make a witness statement he might be able to ask the TEC to look at his application ‘out of time’. If the TEC will not look at the application ‘out of time’ he might be able to ask them to review their decision.
11. We will not investigate this part of Mr X’s complaint. Mr X has an alternative remedy via tribunal appeal that it is reasonable to expect him to use once liability has been transferred for the PCN.
12. The Council decided the information Mr X had provided was not sufficient to transfer liability for the PCN. Through its consideration of Mr X’s complaint, the Council accepted it did not inform Mr X of this in a timely manner and took learning from his experience.
13. The Council advised Mr X that if the leasing company contacts it directly to transfer liability it is willing to enter discussions with him about the PCN. This avenue remains open to Mr X.
14. We will not investigate this part of Mr X’s complaint. We could not add to the investigation the Council has already carried out.

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Final decision

15. We will not investigate this complaint because it is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to regain their appeal rights, and may then appeal if the TEC agrees. Additionally, we could not add to the investigation the Council has already carried out.

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Investigator's decision on behalf of the Ombudsman