The Ombudsman's final decision
Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because Mr Y has appealed to the Traffic Enforcement Centre so we cannot investigate the complaint.
The complaint
Mr Y complains the Council failed to respond to his appeal of a Penalty Charge Notice (PCN). He then received letters asking for full payment of the penalty. After bailiffs contacted him, Mr Y paid the penalty with costs.
Mr Y feels frustrated at the situation and feels it is unfair and he has had to pay significantly more.
The Ombudsman’s role and powers
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr Y in May 2021. Mr Y disputed the Council’s issuing of the PCN and appealed to the Council in June. He says the Council did not respond to his appeal. Mr Y says he next heard from the Council in October, in a letter which asked him to pay the full amount for the penalty. Mr Y contacted the Council saying he had not received a response to his appeal and asked to pay at the reduced rate. Mr Y says the Council said it had responded to his appeal.
Mr Y then received a letter of enforcement in January 2022. He then appealed to the Traffic Enforcement Centre (TEC), a part of Northampton County Court, on the basis he had appealed to the Council, but had not received a response. Mr Y then approached us in March.
Analysis As Mr Y has used his right of appeal to the TEC, the law says we cannot now investigate his complaint. Consequently, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because Mr Y has appealed to the TEC so we cannot investigate the complaint.
Investigator's decision on behalf of the Ombudsman