The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice and related enforcement action. It is reasonable for Mr X to use his right to submit a late Statutory Declaration to the Traffic Enforcement Centre.
The complaint
Mr X complained the Council wrongly pursued him for a debt relating to a PCN it issued him in 2001. Mr X says he appealed the PCN in 2001 but never received a response from the Council. He says the Council has ignored his recent contact disputing the matter and has continued enforcement action with increasing fees. He says the matter has caused him significant distress and a health condition. He wants the Council to cease enforcement and cancel the PCN.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Traffic Enforcement Centre (TEC) is part of Northampton County Court and was established to allow local authorities to register penalty charge notices (PCNs), that remain unpaid 14 days after the issue of a Charge Certificate. An Order for Recovery advises that the PCN has been registered with the TEC and that a warrant may be issued to recover what is owed.
Before a local authority seeks an Order from the TEC, the recipient of the PCN usually will have had several opportunities to challenge it. However, in cases where the keeper of a vehicle has not received the council’s communications between the PCN and an order for recovery, the keeper has the right to file a statutory declaration with the TEC.
The grounds for filing a Statutory Declaration are set out in Form PE3 . They include where the keeper made representations to the council about the penalty charge within 28 days of the Notice to Owner and did not receive a rejection. Mr X will also need to submit a request the TEC considers the matter out of time via Form PE2 , as the TEC generally requires the keeper to make a Statutory Declaration within 21 days of the Order for Recovery.
A valid Statutory Declaration automatically revokes the Order for Recovery and the Charge Certificate. The Council must then refer the matter to a parking adjudicator, in this case London Tribunals.
It is reasonable for Mr X to use his right to submit a Statutory Declaration to the TEC. The Council made Mr X aware of this right in its recent correspondence. We are not an appeal body, and we do not have the power to cancel the PCN and the associated enforcement fees. It is for the courts, and not us, to decide whether the Order for Recovery and Charge Certificate should be revoked. There is not a good reason for us to consider the matter instead.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use his right to file a Statutory Declaration to the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman