The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice. This is because it would be reasonable for Mr X to apply to the court to take the process back to an earlier stage.
The complaint
Mr X complains the Council escalated a penalty charge notice (PCN) despite him paying the penalty charge at the discounted rate of £35 in 2024. He says he only became aware the case was not closed when the Council’s enforcement agents (bailiffs) contacted him demanding £470.
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 claims to have paid the PCN prior to the Council’s escalation of the case, and that he received no further correspondence from the Council about it, he may apply to the TEC to make a late witness statement/statutory declaration. If the TEC accepts his application it may order the Council to take the process back to an earlier stage, removing the basis for the additional charges. We would then expect the Council to refund them or reissue the PCN. If the TEC refuses Mr X’s application he may apply for a review of its decision.
I have seen no reasons why it would be unreasonable to expect Mr X to go to the TEC and I will not therefore exercise our discretion to investigate the complaint.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a late witness statement/statutory declaration.
Investigator's decision on behalf of the Ombudsman