The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant has applied to the court for a statutory declaration.
The complaint
The complainant, whom I refer to as Mr X, complains he heard nothing about a Penalty Charge Notice (PCN) until contacted by bailiffs. He paid the bailiffs out of fear.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
If someone neither pays a PCN nor appeals then the Council can register the fine in court and instruct bailiffs. People can use the PCN/Notice to Owner to appeal. If the person did not receive the PCN/Notice to Owner they can apply to the court for a statutory declaration. If the court grants the statutory declaration the Council takes the case back to Notice to Owner stage.
The Council issued Mr X with a PCN for driving in a bus lane. The notice included a form so Mr X could appeal. The Council sent the form to the correct address. Mr X neither paid nor appealed.
The Council sent further letters to Mr X about the fine. This included an Order for Recovery which told Mr X the Council had registered the fine in court. The Order included a form which gave Mr X 28 days to apply for a statutory declaration. Mr X says he did not get any of the letters.
The Council instructed bailiffs. Mr X paid the bailiffs out of fear but says he had not heard anything about the PCN prior to being contacted by bailiffs. Mr X did receive information about a different PCN which he paid.
The Council sent Mr X a link so he could apply for a late statutory declaration. Mr X has submitted an application to the court and is waiting for a decision.
I cannot start an investigation because Mr X has applied to the court for a statutory declaration. The law says we cannot investigate any matter which is subject to legal proceedings. The court will make a decision regarding Mr X’s submission that he did not receive the Notice to Owner.
Final decision
I cannot start an investigation because Mr X had applied to the court.
Investigator's decision on behalf of the Ombudsman