Salford City Council (23 017 768)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 01 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a parking Penalty Charge Notice. It is reasonable for Mr X to use his right to submit an out of time witness statement to the Traffic Enforcement Centre, explaining he did not receive earlier correspondence from the Council.
The complaint
- Mr X complained the Council issued him a parking Penalty Charge Notice (PCN) but did not make him aware until enforcement agents visited his home. He says he did not have the opportunity to pay the PCN before incurring additional enforcement fees, and he has had to borrow money to pay the fine. He wants the Council to allow him to pay the original PCN and change its procedures so that PCNs are sent by recorded delivery.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he was unaware of a parking PCN until enforcement agents visited his property. He asked the Council to allow him to pay the original PCN, before it incurred enforcement fees, as he had not had the opportunity due to not having received earlier correspondence.
- Normally, people would have multiple opportunities to challenge a PCN before the courts consider the matter. However, the Traffic Enforcement Centre (TEC) allows people to file a witness statement when they have not received earlier correspondence. If this is accepted, the courts can revert the PCN back to its original amount, providing another opportunity for the person to pay or appeal the PCN. It is reasonable for Mr X to use this right. He will need to explain the reasons for delay in filing a witness statement when he does so.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to use his right to file an out of time witness statement to the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman