Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice. This is because Mr X has already made representations to the Traffic Enforcement Centre.

The complaint

1. Mr X complained the Council issued him a Penalty Charge Notice (PCN) which he says he did not receive. He said the Council later escalated the matter to enforcement agents, resulting in additional fees being added to the debt.
2. Mr X said this caused financial strain and stress. He wanted the Council to suspend the PCN and to remove the additional fees.

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The Ombudsman’s role and powers

3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Traffic Enforcement Centre. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council issued Mr X a PCN. Mr X says he did not receive the notice.
8. When the Council did not receive payment for the PCN, it progressed the matter through the statutory enforcement process. This included registering the debt with the Traffic Enforcement Centre (TEC) and referring the matter to enforcement agents.
9. Under the statutory process, a council can issue a charge certificate which increases the fine by 50% if:
• the fine is not paid;
• the motorist does not appeal against the fine; or
• an appeal is not successful
10. If the PCN remains unpaid, the authority may register the debt with the TEC at Northampton County Court. Once registered, the authority may instruct enforcement agents to recover the debt and associated enforcement costs.
11. A motorist who says they did not receive the relevant notice may apply to the TEC by submitting a witness statement or statutory declaration. The TEC may then direct the authority to go back to an earlier stage which will reduce the fine and they will not have to pay the bailiffs costs. It might also give them back their right of appeal.
12. If the motorist is too late to make a witness statement, they might be able to ask the TEC to look at their application ‘out of time’.
13. Mr X made representations to the TEC on the basis that he did not receive the PCN. We have no power to investigate a complaint where a person has already taken the matter to court, even in cases where the court action has not provided the outcome the person sought. Mr X told us the TEC was wrong to reject his representations. However, we cannot investigate the actions of the TEC, nor does the TEC refusing Mr X’s application mean we can investigate a complaint about the Council.

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Final decision

14. We cannot investigate Mr X’s complaint because he has already made representations to the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman