The Ombudsman's final decision
Summary: Mr X complains about a Penalty Charge Notice (PCN) and the conduct of an enforcement agent who clamped his vehicle. We have discontinued our investigation because Mr X can follow the statutory process set out in law and appeal to the court. Further, Mr X’s complaint about the conduct of the enforcement agent is premature.
The complaint
Mr X complains about a PCN the Council issued to him. Mr X says he did not receive the PCN as it was sent to the wrong address. Mr X also complains his vehicle was inappropriately clamped by an enforcement agent resulting in the loss of earnings. Mr X would like the Council to provide a financial remedy for loss of earnings and to rescind the PCN.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
How I considered this complaint
I spoke with Mr X and considered information both he and the Council provided. I also invited Mr X and the Council to comment on my draft decision.
What happened The Council issued a PCN to Mr X using the address it retrieved from the DVLA. Mr X says he did not receive the PCN because the address the Council used was incorrect. Mr X says because he did not receive the PCN, he did not have an opportunity to challenge or appeal it.
Mr X can appeal to the Traffic Enforcement Centre (TEC) at Northampton County Court to make a late Witness Statement or Statutory Declaration. The TEC has discretion to accept late applications. It is reasonable to expect Mr X to do so because this is the process set out in law for Mr X to appeal the PCN.
Mr X also complains about the conduct of an enforcement agent who was acting on behalf of the Council. Mr X says his vehicle was inappropriately clamped despite warning the enforcement agent it was under a hire purchase agreement. Mr X says he was unable to attend a chauffeuring job resulting in the loss of earnings.
The Council has not yet had an opportunity to fully respond to this complaint through its two-stage complaint process. Mr X should first make a complaint to the Council regarding the enforcement agent’s conduct where it can also consider any claim for loss of earnings.
Final decision
We have discontinued our investigation into this complaint. This is because Mr X can make a late Witness Statement or Statutory Declaration to the TEC. Further, Mr X’s complaint about the conduct of the enforcement agent is premature. The Council should first have an opportunity to consider it through its two-stage complaint process.
Investigator's decision on behalf of the Ombudsman