The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s escalation of a penalty charge notice. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre at Northampton County Court to make a witness statement.
The complaint
The complainant, Mr X, complains the Council issued him two penalty charge notices (PCNs) for driving in the clean air zone without paying the relevant charge. He paid one of the PCNs at the discounted rate of £60 but did not receive the second. He only became aware of it when the Council escalated the case and issued him a charge certificate, increasing the amount owed to £180.
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) The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
Because Mr X did not receive the second PCN he may apply to the TEC to make a (late) witness statement. The Council set out this process in its email to Mr X dated 18 September 2024 and it provides a suitable alternative remedy for the issue in this case. The process is free and relatively easy to follow and the TEC has powers to take the PCN back to an earlier stage, reducing the amount owed and reinstating Mr X’s right of appeal.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to take the matter to the TEC.
Investigator's decision on behalf of the Ombudsman