The Ombudsman's final decision
Summary: We will not investigate this complaint that Mr X did not receive notification of a penalty charge notice. This is because there is a procedure in law that Mr X can use to remedy this, and it is reasonable to expect him to follow this process.
The complaint
Mr X complains he received no notification of a penalty charge notice (PCN); that the charge has increased, and this is causing him stress, made worse due to his ill health.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has advised Mr X of how he can challenge the current enforcement of the PCN ie of his right to make a statutory declaration to the Traffic Enforcement Centre (TEC) which is part of Northampton County Court. This is the procedure provided by Parliament for motorists to make such challenges and it is reasonable to expect Mr X to follow this process. As such, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to us his right to make his case to the court at the TEC via a statutory declaration.
Investigator's decision on behalf of the Ombudsman