The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council is failing to administer properly penalty charge notices and has caused financial loss to his company. The law provides ways of resolving problems which arise. It is reasonable for Mr X to use his rights of appeal to the County Court’s Traffic Enforcement Centre where a penalty charge notice is not received.
The complaint
Mr X complains the Council is not dealing efficiently with penalty charge notices (PCN’s). He says PCN’s are sent so late that his company has lost the right to appeal. He says there is a problem in sending PCN’s to registered keepers. He says two appeals may have been sent to the Council and not dealt with. Mr X says the Council has caused the company financial loss. It costs £50 to use a solicitor for the County Court’s traffic enforcement centre challenge procedure. Mr X wants the Council to pay compensation and improve practice.
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 have considered Mr X’s information and comments.
My assessment
I will not investigate this complaint for the following reasons: Mr X has or had a right of appeal to the County Court’s traffic enforcement centre (TEC) where a PCN is not received or a representation against a penalty is not replied to. This places a complaint about debt recovery on a specific PCN outside the Ombudsman’s jurisdiction. I consider it reasonable for Mr X to use his legal remedies. The TEC has the power to quash a debt recovery order and return the case to an earlier stage.
There is insufficient public interest to investigate. The law provides legal ways of resolving any Council failure to administer the PCN challenge procedure via the County Court and/or via the tribunal system.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council is failing to administer properly penalty charge notices and has caused financial loss to his company. The law provides ways of resolving problems which arise. It is reasonable for Mr X to use his rights of appeal to the County Court’s Traffic Enforcement Centre where a penalty charge notice is not received.
Investigator's decision on behalf of the Ombudsman