Summary: We will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre at Northampton County Court to reinstate his right of appeal.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He disputes the PCN but says he was not given a chance to appeal against it to an independent adjudicator.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
5. 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)
6. 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

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

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My assessment

The PCN process

8. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
9. If the motorist submits an informal challenge to a PCN 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 PCN; 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 PCN. If the council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal.
10. 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 TEC at Northampton County Court to register the debt, before instructing enforcement agents (bailiffs) to recover it.

Mr X’s case

11. Mr X says he was not given the chance to appeal to an Adjudicator at the Traffic Penalty Tribunal, however the Council has escalated the case and increased the amount of the fine.
12. It is unclear why Mr X was not able to appeal but the Council has now sent him a charge certificate. So if Mr X wishes to challenge the PCN it would be reasonable for him to wait for the Council to register the unpaid PCN with the TEC and issue the Order for Recovery. Mr X can then apply to the TEC to make a witness statement. Mr X has provided evidence to show the Council has informed him of this process and I consider it would be reasonable for him to use it in this case.
13. If the TEC accepts Mr X’s witness statement it may order the Council to take the process back to an earlier stage, reinstating Mr X’s right of appeal.
14. If the TEC refuses Mr X’s application he may apply for a review of its decision.

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Final decision

15. We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a witness statement.

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Investigator's decision on behalf of the Ombudsman