Summary: We will not investigate this complaint about a Penalty Charge notice because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

The complaint

1. Miss Y complained the Council wrongly issued and pursued her for a Penalty Charge Notice (PCN) despite her having bought a ticket in a pay and display car park.
2. Miss Y says she has felt very distressed and upset and has been contacted by enforcement agents.

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The Ombudsman’s role and powers

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 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)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

6. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y received a PCN from the Council after she parked in a pay and display car park. Miss Y says she bought a ticket; however, the Council says this was not displayed and it consequently issued a PCN. Miss Y says she has now been contacted by enforcement agents about the penalty.
8. Miss Y has a right to submit a witness statement to the Traffic Enforcement Centre (TEC),based at Northampton County Court, asking it to remove the charge certificate for the PCN. She can do this, even if she has already paid the enforcement agents under duress. If the TEC accepts Miss Y’s application to remove the charge certificate, which is the registration of the penalty debt with the court, it can take the process back to an earlier stage. It can also choose to reduce the amount of the PCN back to a lower amount and reinstate Miss Y’s right of appeal against it to the Council initially, if she did not use this previously and then the Traffic Penalty Tribunal. Miss Y can then decide if she wishes to appeal the PCN or pay the penalty.
9. This is free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Forms for this can be found online. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect her to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

10. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman