The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because the complaint is late with no good reason to investigate it now and it is reasonable to expect Mrs Y to use her right to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
The complaint
Mrs Y complained the Council has continued to issue Penalty Charge Notices (PCNs) to her for entering the area’s Clean Air Zone (CAZ) without paying, despite her having informed the Council that she had reported her number plate being cloned to police.
Mrs Y says the issue is impacting on her wellbeing and her health and she is spending significant amounts of time dealing with the issue.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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 about the same matter. 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 Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
Mrs Y says the Council has issued 76 PCNs to her for entering the CAZ. She says she paid the first 16 PCNs, but then realised that her route did not enter the CAZ. She reported her car’s number plate as having been cloned to the police. She wrote to the Council in October 2021, providing them with a four-digit police reference number.
She has continued to appeal the PCNs, before complaining to the Council in July 2022 that the PCNs had not been cancelled after she gave the Council the police reference. She then approached us in December 2022.
Analysis Mrs Y’s was aware of her reason to complain about the PCNs continuing to be issued after she told the Council her number plate had been cloned in October 2021, more than 12 months ago. Consequently, her complaint is now late. Ms Y has not provided any good reasons why she did not bring her complaint to us within 12 months of knowing about the matter and as she was able to continue corresponding with the council about the matter, it is reasonable to expect her to have complained to us sooner. We will not investigate this complaint.
Further, Mrs Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove any charge certificates for the PCNs, which she may have now received. If the TEC accepts Mrs Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mrs Y’s right of appeal to the Traffic Penalty Tribunal. Mrs Y can then decide if he wishes to appeal the PCN or pay the penalty.
While Mrs Y may find this inconvenient, it is the process set out in law for her to follow. It is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Mrs Y has not provided any other reason why she cannot, it is reasonable to expect Mrs Y to use her right to appeal and we will not investigate.
Final decision
We will not investigate Mrs Y’s complaint because the complaint is late with no good reason to investigate it now and it is reasonable to expect Mrs Y to use her right to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman