Summary: We will not investigate this complaint about a Penalty Charge Notice because it is late without good reasons to exercise discretion to investigate it now.

The complaint

1. Dr Y complained the Council has pursued him for a PCN while he was abroad without contacting him electronically. The Council’s enforcement agents (bailiffs) then took control of his vehicle and sold it below its market value, despite contact by email from a friend of Dr Y’s asking it not to sell the vehicle. Dr Y also says the Council gave incorrect information about which form to use to appeal to the Traffic Enforcement Centre.
2. Dr Y says he has lost his vehicle which he says was worth over £20,000, causing him upset and difficulty in travelling around when he returned to the UK.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information Dr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Dr Y was abroad between November 2022 and May 2023. The Council sent a PCN for a bus lane infringement to his property in December 2022. The vehicle was seized by enforcement agents in April 2023.
7. Dr Y says she became aware of the PCN, and her vehicle being seized shortly before she returned to the UK in May 2023. She contacted the Council and was given information about how to pay the PCN or how to challenge the PCN and charge certificate in June 2023. She then approached us in December 2024.
8. Dr Y’s was aware of her reason to complain about the Council’s actions when she became aware of the PCN, the vehicle seizure and received the letter of June 2023, more than 12 months ago. Consequently, her complaint is now late.
9. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons. Dr Y has said she was not aware of the Ombudsman before November 2024. However, the Ombudsman has been operational since 1974 and is easily available online on search engines. Consequently, Dr Y has not provided sufficient good reason why she did not bring her complaint to us within 12 months of knowing about the matter. It is reasonable to expect her to have complained sooner. We will not investigate.

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Final decision

10. We will not investigate Dr Y’s complaint because it is late without good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman