Summary: We will not investigate this complaint about the Council’s refusal to listen to Mrs X’s representations relating to a penalty charge notice and cancel the fees she incurred as a result. This is because Mrs X has an alternative court remedy, and it would be reasonable for her to use this.

The complaint

1. Mrs X complained after enforcement agents notified her of a penalty charge notice (PCN), that she was previously unaware of, relating to her vehicle being driven in the clean air zone. Mrs X asked the Council to listen to her explanation for why the offence occurred and consider withdrawing the PCN. Mrs X said the Council never acknowledged or registered her appeal to do this.
2. Mrs X said this caused her financial loss and was stressful. She now wants the Council to consider her explanation and refund her costs.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X said she first became aware of the PCN after she was contacted by enforcement agents to recover the relevant fees associated with the charge. At that point Mrs X wrote to the Council, numerous times, to ask them to consider an explanation for why the offence happened. Mrs X accepted she had not received the earlier PCN, because she had mistakenly not updated her vehicle registration details, after she had changed addresses.
8. In these circumstances, the motorist can apply to the Traffic Enforcement Centre (TEC) to ask them to cancel the registration of the debt. They do this by filling in a witness statement or statutory declaration. If the motorist is successful, the TEC might order the Council to go back to an earlier stage which will reduce the fine and they will not have to pay the bailiff’s costs. It might also give them back their right to appeal to the Traffic Penalty Tribunal (TPT).
9. 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’. If the TEC will not look at the application ‘out of time’ they might be able to ask them to review their decision.
10. The TPT can consider an appeal on several grounds, and it can also recommend the Council cancels a fine if the motorist gives “compelling reasons” which are not one of the normal grounds of appeal. 
11. We will not investigate this complaint, because Mrs X has an alternative legal remedy and can apply to the TEC to look at her application out of time. The TEC may then reinstate her right to appeal to the TPT. In the circumstances of her complaint, and desired outcome, it would be reasonable for her to use this remedy, because it is only the TPT that can recommend the Council cancels a fine. We cannot do this.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because there is an alternative legal remedy, and it would be reasonable to expect Mrs X to use this remedy.

Back to top

Investigator's decision on behalf of the Ombudsman