The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because these matters have an alternative legal remedy, and it is reasonable to expect Mr X to use this alternative remedy. .
The complaint
Mr X complained that he mistakenly received a Penalty Charge Notice (PCN). Mr X said that his car has been cloned, which he has reported to both the police and the Driving and Vehicle Licensing Agency.
Mr X wants the Council to waive the PCN and end the debt recovery action that has started.
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 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)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued Mr X with a PCN for a parking contravention.
The Council attached the PCN to the car. Later, the Council posted the Notice to Owner (NtO) and Charge Notice to the address where the car was registered.
Mr X said that he did not receive the NtO and Charge Notice.
Mr X disputes the PCN, saying he is not using the car and has not visited that area.
After Mr X complained to us, he filed an out-of-time Witness Statement with the Traffic Enforcement Centre.
I will not start an investigation because Mr X has engaged the statutory process as part of his alternative legal remedy. It is reasonable to expect Mr X to do this and have carried on with that process because it is the process set up by parliament to facilitate PCN disputes. The tribunal is the correct organisation to decide if a PCN has been issued correctly or should be cancelled.
We are not an appeal body and have no power to waive or cancel a PCN.
Final decision
We will not investigate this complaint because Mr X has an alternative legal remedy, and it is reasonable to expect him to use it.
Investigator's decision on behalf of the Ombudsman