The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s enforcement of penalty charge notices as Mr X can ask the Traffic Enforcement Centre to consider his case.
The complaint
Mr X complains he was unaware of driving penalty charge notices (PCNs) that the Council had issued to him until its enforcement agent made contact many months later. Mr X wants a refund of the money he paid to clear the PCNs.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued PCNs to Mr X after it says his vehicle entered a road it was prohibited to enter. The Council sent the PCNs to the address DVLA held for Mr X. Mr X had though moved from that address and at the point the PCNs were issued, had not updated his vehicle log book address with DVLA. Mr X is unhappy that despite him doing this four months later, the Council continued to write to him at his old address. Mr X is unhappy as he says he was not given the chance to appeal. Mr X paid the PCNs but would like a refund.
Parliament has provided a mechanism by which motorists in Mr X’s position can ask the Traffic Enforcement Centre (TEC), which is part of the county court system, to consider their case against the enforcement of PCNs. Mr X was able to make a late statutory declaration to the TEC to explain what had taken place. It is my understanding that Mr X can still do this even though he has paid the PCNs.
As Parliament has provided a specific process to address the situation Mr X found himself in, it is reasonable to expect him to have followed it and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because he could reasonably have asked the TEC to consider his case.
Investigator's decision on behalf of the Ombudsman