The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect her to appeal to the Traffic Enforcement Centre.
The complaint
Ms Y complains the Council has carried out enforcement action to recover payment for a Penalty Charge Notice (PCN) when she did not receive the earlier correspondence or the PCN itself.
Ms Y has found the situation distressing and has had to pay a larger amount having not been given an opportunity to pay the PCN previously.
The Ombudsman’s role and powers
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 when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
Ms Y moved house in late 2020. Ms Y says she registered her new address with the DVLA but the documents were lost. During this time the Council issued a PCN to Ms Y and sent further letters to her previous address.
Ms Y was however unaware of the PCN until November 2021, when she was contacted by an enforcement agency who had clamped her car. Ms Y says the enforcement agency required her to pay £408 to remove the clamp. Ms Y says she paid as she needs her car as she has a physical disability and needs to attend regular hospital appointments. She contacted us in March 2022.
Analysis Ms Y can submit a late statutory declaration to the Traffic Enforcement Centre, asking it to remove the charge certificate for the PCN. If the TEC accepts Ms Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Ms Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. Ms Y can then decide if she wishes to appeal the PCN or pay the penalty. If it wishes it can also order the Council to refund the amount Ms Y has already paid to bailiffs including the enforcement costs.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service, such as easy read.
Consequently, as Ms Y has not provided any other reason why she cannot, it is reasonable to expect Ms Y to use her right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Ms Y’s complaint because it is reasonable to expect her to appeal to the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman