The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint that the Council is pursuing debt recovery of an unpaid penalty charge notice. Ms X has an alternative legal remedy. She can reasonably challenge debt recovery at the County Court’s Traffic Enforcement Centre.
The complaint
Ms X complains the Council is pursuing her for an unpaid penalty charge notice (PCN) debt. Ms X says she knew nothing about the PCN until contacted by the Council’s bailiff. Ms X says the Council has refused to accept her evidence that she had disposed of her car by the time of the PCN contravention. It says she can go to the Traffic Enforcement Centre to challenge the debt recovery. Ms X is in fear of the bailiff and feels she has lost her right to appeal 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 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)
How I considered this complaint
I have considered Ms X’s information and comments.
My assessment
I will not investigate Ms X’s complaint for the following reasons: Ms X has a legal remedy at the County Court if she wishes to challenge the Council’s debt recovery which places the complaint outside the Ombudsman’s jurisdiction (see paragraphs 2 and 3 above). The Traffic Enforcement Centre (TEC) can allow an out of time appeal and quash the debt recovery order. If refused there is a right of review by a judge.
I consider it reasonable for Ms X to use her legal remedy. The required sworn statement can be done at court without charge. It is not for the Ombudsman to determine whether Ms X had disposed of her car.
Once Ms X applies to the TEC enforcement action should stop. Alternatively, she may pay the debt and will recover the charges if the debt recovery order is cancelled.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council is pursuing debt recovery of an unpaid penalty charge notice. Ms X has an alternative legal remedy. She can reasonably challenge debt recovery at the County Court’s Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman