Summary: We will not investigate Mr X’s complaint about the Council’s issue and handling of a penalty charge notice. This is because it would be reasonable for Mr X to take the matter to court.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He also complains about the Council’s escalation of the PCN and that it passed the case to enforcement agents (bailiffs) to recover payment from him.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)
5. 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

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

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My assessment

7. While Mr X disputes the PCN he seems to accept the contravention which led to its issue did occur. It is therefore unlikely we would find fault by the Council in issuing the PCN.
8. Mr X suggests he did not receive a response to his representations against the PCN but if this is the case he may apply to the TEC to make a late witness statement or statutory declaration. If successful the TEC may order the Council to take the process back to an earlier stage, reinstating his right of appeal and reducing the amount owed. If the TEC refuses Mr X's application he may ask for a review of its decision.
9. I have seen nothing to suggestion it would not be reasonable to expect Mr X to go to the TEC and I will not therefore exercise my discretion to investigate the complaint.

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Final decision

10. 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/statutory declaration.

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Investigator's decision on behalf of the Ombudsman