The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council sent penalty charge notice (PCN) documents to her former address so she lost her right of appeal. Ms X can reasonably use her alternative legal remedy against the debt recovery at the County Court's traffic enforcement centre.
The complaint
Ms X complains the Council sent penalty charge notice (PCN) documents to her former address and she knew about the fine too late to appeal to the tribunal. Ms X says she was evicted from her former address and has twice been homeless. She says the Council refused to send documents to her temporary or postal address, provided in 2022, saying it must send them to the address provided by the DVLA. Ms X says the Council and DVLA should change their practices.
Ms X complains the Council has sent the PCN debt recovery case to bailiffs who will apply extra costs. Ms X wants the Council to cancel the PCN debt.
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 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 and the Council. The information includes correspondence and the penalty charge notice (PCN) documents.
My assessment
I will not investigate Ms X’s complaint for the following reasons: Ms X has a legal remedy at the County Court which places the complaint about not receiving the PCN or notice to owner outside the Ombudsman’s jurisdiction (see paragraphs 3 and 4 above). The County Court’s Traffic Enforcement Centre (TEC) can consider a challenge on various grounds including that a PCN was not received. The TEC can also consider an out of time application. There is a right of review by a Judge. A successful challenge will cancel the debt recovery order and return the PCN case to an earlier stage in the procedure.
I consider it reasonable for Ms X to use her alternative remedy at the County Court’s TEC. The County Court has the power to consider whether documents were received and has the power to quash its debt recovery order. On 20 January 2022 the Council emailed Ms X the rejection to her late representation against the fine. The PCN was issued in November 2021 for driving in a bus lane. The Council’s email explains the procedure it is following. Ms X could pay the fine or challenge at the County Court once the Order for Recovery of the debt was sent. Ms X acknowledged receiving the Council’s email on 30 January. On 14 February Ms X told the Council she would await the order for recovery. If there was any delay in Ms X receiving the order for recovery, because it was posted to the old address, she may raise that issue with the TEC.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council sent penalty charge notice (PCN) documents to her former address so she lost her right of appeal. Ms X can reasonably use her alternative legal remedy against the debt recovery at the County Court's traffic enforcement centre.
Investigator's decision on behalf of the Ombudsman