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 him to apply to the court to challenge the Council’s escalation of the case.

The complaint

1. The complainant, Mr X, complains the Council is pursuing him, via its enforcement agents (bailiffs) for more than £500 in payment of a penalty charge notice (PCN) he did not receive. He complains he was not able to appeal against the PCN and believes it is time-barred. He also says the Council’s bailiffs are harassing him.

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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 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)
4. 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

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

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My assessment

6. There is a set procedure councils must follow when pursuing PCNs for moving traffic contraventions. When a council identifies a contravention it will issue a PCN to the person responsible for the vehicle. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal.
7. The motorist has 28 days from the date of the notice to pay the penalty charge or make representations against it. For the first 14 days after the PCN the motorist may pay at a discounted rate of 50% of the full fine.
8. If the motorist does not pay the PCN or challenge it, or if their representations are unsuccessful, the council may issue a charge certificate increasing the amount of the penalty charge by 50%. If the charge remains unpaid the council may then register the debt with the TEC and serve an order for recovery, providing a basis for its bailiffs to recover payment.
9. The Council is entitled to instruct bailiffs to recover payment for PCNs which have been registered with the TEC. By agreeing to register an unpaid PCN as a debt the TEC accepts that payment is due but has not yet been made. In certain circumstances the motorist responsible for the debt may apply to the TEC to challenge registration and take the process back to an earlier stage. This includes where the motorist says they did not receive the original PCN.
10. Bailiffs will write to the motorist as the debtor demanding payment. Where the motorist does not pay, bailiffs may visit their property with the intention of recovering goods to satisfy the debt. Bailiffs will communicate with the motorist throughout this process to remind them of the need to pay and to warn them of what will happen if they do not. While Mr X considers this to be harassment, harassment is a criminal offence and as such it is a matter for the police rather than the Ombudsman.
11. Because Mr X can apply to the TEC to challenge the Council’s escalation of the PCN by making a late statutory declaration, the exclusion set out at Paragraph 5 applies. The process of making a late statutory declaration is relatively easy to follow and can result in the TEC taking the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr X’s right of appeal against it. I therefore consider it would be reasonable for Mr X to use it in this case. While the TEC considers Mr X’s application the Council and its bailiffs must put any further action on hold and this is more than we could achieve for Mr X.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman