Summary: We will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. Any challenge to the penalty charge notice is a matter for the appeals process and it would be reasonable for Mr X to apply to the Traffic Enforcement Centre to reinstate his right of appeal.

The complaint

1. Mr X complains about a penalty charge notice (PCN) issued by the Council. He disputes the PCN and says he received no response from the Council to his representations against it. The Council has now registered the case with the Traffic Enforcement Centre and instructed enforcement agents (bailiffs) to pursue him for payment.

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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 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. 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)
6. 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

7. I considered information provided by Mr X’s representative, Miss Y.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

The statutory process

9. 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 owner/registered keeper by post. 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.
10. 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.
11. 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 action by bailiffs to recover payment from the motorist.

Mr X’s case

12. It is not our place to decide if the contravention occurred; this is a matter for the appeals process.
13. Mr X says he made representations against the PCN but did not receive a response. He does however say the Council has told him it has rejected his appeal.
14. It is unlikely we could say Mr X did not receive the rejection as a result of any fault by the Council. The law does not require the Council to send responses by registered post or to ensure delivery. It is therefore entirely possible that non-delivery is the result of failures in the postal service and this is not something we can provide a remedy for.
15. Miss Y claims the Council acted illegally by referring the case to its bailiffs as it did not give Mr X the opportunity to explain his side to the Tribunal. But the Council’s escalation of the case appears broadly in line with the process set out above. While councils register unpaid PCNs with the TEC before instructing bailiffs this does not lead to a court or appeal hearing where the motorist can argue their case. The TEC simply confirms there is an outstanding PCN which has not been paid and it grants the council the power to pursue it as a civil debt.
16. Mr X does however have the opportunity to challenge the Council’s escalation of the case on the grounds he did not receive its response to his representations. To do this he can apply to the TEC to make a late witness statement or statutory declaration. The type of application depends on the nature of the contravention and Mr X can clarify this with the TEC prior to making his application.
17. If the TEC accepts Mr X’s application it may order the Council to take the process back to an earlier stage, reinstating his right of appeal and removing the basis for any further action or costs by its bailiffs. If the TEC refuses Mr X’s application he may apply for a review of its decision.
18. The process provides a suitable alternative remedy for the issue Mr X has raised and I have seen nothing to show it would not be reasonable to expect Mr X, with help from Miss Y, to use it. I will not therefore exercise my discretion to investigate the complaint.

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Final decision

19. 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