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 Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
The complaint
Mr Y complained the Council has pursued him for payment of a Penalty Charge Notice (PCN), despite him having tried to pay the penalty online. Mr Y says he then tried to appeal to the Council, but he did not receive a response. He says bailiffs then contacted him and he had to pay the penalty and costs.
Mr Y says the bailiffs came to his workplace, causing him considerable embarrassment and distress.
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr Y in 2021. Mr Y says he tried to pay on the Council’s website, but he was unable to do so. He says he contacted the Council and tried to appeal but did not receive a response. He says he was then contacted by bailiffs and had to pay over £500. He then approached us in August 2022.
Analysis Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. Mr Y can apply to the TEC to make a late statutory declaration. If the TEC accepts Mr Y’s application, it can take the process back to an earlier stage. It has the power to order the Council to refund the amount, including bailiff’s costs, reduce the amount of the PCN and reinstate Mr Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman