The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have followed the statutory process and applied for another statutory declaration.
The complaint
The complainant, whom I refer to as Mr X, says he sent many appeals against a Penalty Charge Notice (PCN) but the Council did not reply for more than two years. He wants a refund and for the Council to re-open the case.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the documents issued by the Council and Mr X’s emails. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The Council issued a PCN for a moving traffic offence. The PCN said Mr X was liable for the fine even if he was not driving when the contravention occurred. Mr X challenged the fine in January 2020. He said someone else was driving and would take responsibility. The Council responded in February and explained Mr X was liable as the owner of the car.
Mr X neither paid nor appealed so the Council registered the PCN in court. Mr X applied to the court for a statutory declaration. He said he had not received the Council’s response because he had moved. The court granted the statutory declaration and revoked the court registration.
The Council reissued the PCN in October and gave Mr X another chance to pay or appeal. It sent all the documents to the address provided by Mr X in his application for a statutory declaration. Mr X neither paid nor appealed so the Council again registered the PCN in court and instructed bailiffs. Mr X paid the bailiffs in October 2021 but again says he received none of the documents about the second PCN because he had moved again, at least twice. Mr X told me he gave the Council all his new addresses and sent multiple appeals which the Council ignored.
The Council told Mr X it was his responsibility to keep the Council informed of all changes of address. It said it had issued the notices correctly. It said Mr X could apply for a second statutory declaration and, if granted by the court, Mr X would get a refund.
I will not investigate this complaint because Mr X can use the statutory process and apply for a second statutory declaration. He could have used this process as soon as he was contacted by bailiffs. It is reasonable to expect Mr X to have done this because he was aware of the process having applied for a declaration in 2020. In addition, applying for a declaration is the correct process for people who wish to challenge a PCN because they did not receive letters about a PCN due to moving or if they did not get a reply to an appeal. It will be for the courts to decide whether to issue a second statutory declaration. The Council says that while it was enforcing the fine, and before passing the case to bailiffs, it only received two new address notifications from Mr X. But, as I say, that would be a matter for the courts to determine.
Mr X says the Council did not respond properly in 2020. But, as that issue was resolved by the court issuing a statutory declaration, it does not need an investigation.
Final decision
We will not investigate this complaint because Mr X can apply to the court for a statutory declaration.
Investigator's decision on behalf of the Ombudsman