Summary: We will not investigate this complaint about the Council’s escalation of a penalty charge notice. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre to take the process back to an earlier stage.

The complaint

1. Mr X complains that he did not receive any correspondence from the Council regarding a penalty charge notice (PCN). Mr X did not know about the matter until contacted by enforcement agents.
2. Mr X paid the fee noted in the enforcement agents’ letter to avoid escalation. He wants the Council to refund his payment as he did not know about the PCN and did not have an opportunity to challenge it. Mr X feels the alleged contravention was marginal and the PCN is unfair.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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.

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X did not receive any correspondence about the PCN from the Council. He says this is because it went to the wrong address. The Council used the registered keeper details provided by the Driver and Vehicle Licensing Agency (DVLA) to send the correspondence. Mr X says the DVLA failed to update his address.
9. As Mr X did not receive correspondence from the Council, it would be reasonable for him to apply to the TEC to make a late statutory declaration.
10. If the TEC accepts Mr X’s application it may order the Council to revert the process to an earlier stage, reinstating his right to appeal and resulting in a refund of the sum he has paid. If the TEC refuses Mr X’s application, he may apply for a review of its decision.
11. Mr X feels the offence for which he was penalised was marginal. If the TEC accepts his application, he will have the opportunity to challenge the PCN through representations to the Council and, if it refuses them, he may appeal.

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Final decision

12. We will not investigate Mr X’s complaint because it would be reasonable for him to apply to the TEC to make a late statutory declaration.

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Investigator's decision on behalf of the Ombudsman