The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal about the issue.
The complaint
Miss Y complained the Council has failed to treat her fairly after she made representations against a Penalty Charge Notice as it pursued her for the debt, despite her not having received a response to her representations.
Miss Y says she has paid the penalty at an increased amount due to contact from bailiffs and she now owes money elsewhere as a result, causing further worry.
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 has a right of appeal, reference or review 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 use this right. (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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN, explaining why she has not been able to appeal previously and how she only paid the penalty upon contact from bailiffs. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal against it to the Council initially, to ensure it does respond to the representations Miss Y has made, and then to the Traffic Penalty Tribunal. Miss Y can then decide if she 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 Miss Y has not provided any other reason why she cannot, it is reasonable to expect Miss Y to use this right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal about the issue.
Investigator's decision on behalf of the Ombudsman