Summary: We will not investigate this complaint about Penalty Charge Notice and the actions of an enforcement agency. This is because the complainant can follow the statutory process.

The complaint

1. Ms X complains she was issued with a Penalty Charge Notice (PCN) when collecting her autistic son from school. Ms X says she was having difficulties getting her child into the car and moved slightly nearer to facilitate ease to get him in the car, which the Traffic Enforcement Officer observed. Ms X says she was unable to appeal to the Tribunal because she has PTSD and anxiety and says the bailiffs should stop harassing her for the debt. Ms X says she and her son have disabilities and she is waiting for a Blue Badge to be issued.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

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

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My assessment

6. There is a set procedure councils must follow when pursuing a parking charge notice. When a council issues a parking charge notice the motorist has 28 days to pay the penalty charge or appeal: appeals at this time are known as ‘informal challenges’.
7. If the motorist submits an informal challenge to a parking charge notice and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons, they may pay the parking charge notice; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the parking charge notice. If the Council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal.
8. If the motorist does not pay or make formal representations the Council will issue a charge certificate, increasing the amount payable by 50%. It may then apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to register the debt, before instructing enforcement agents (bailiffs) to recover it.
9. Ms X accepts she did not appeal the parking enforcement notice within the allowable timescales and the matter was passed to a debt recovery agency.
10. The issue and enforcement of parking penalties is a legal process governed by statute which sets out an established appeal process. The Ombudsman would expect a motorist to use that process to protect his or her rights.
11. Ms X has no right of appeal given she did not use the statutory process set out in law. However, if she believes the Council did not follow the process, she can make a late witness statement to the Traffic Enforcement Centre (TEC) and ask it to consider her statement.
12. I have seen nothing to suggest it would not be reasonable for Miss X to use the process set out above and I therefore do not intend to exercise the Ombudsman’s discretion to investigate this complaint.

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Final decision

13. We will not investigate Ms X’s complaint because it would be reasonable for Ms X to apply to the TEC to make a late witness statement.

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Investigator's decision on behalf of the Ombudsman