The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council is pursuing a penalty charge notice debt. Ms X used her right of appeal to the County Court’s traffic enforcement centre. The Council is entitled to pursue debt recovery and we cannot achieve what Ms X wants.
The complaint
Ms X complains the Council failed to deal with her appeal against its decision not to cancel a penalty charge notice (PCN) in the spring of 2021. Ms X says the Council cancelled two PCN’s issued at the same location.
Ms X complains the Council has said it will pursue recovery of the PCN debt which is over £500. Ms X says she went to the County Court’s Traffic Enforcement Centre (TEC), in 2021 and 2022, and applied for permission to make an out of time application to challenge the debt recovery order which was refused.
Ms X wants an investigation of the case and debt recovery put on hold. She says the Council is causing her anxiety and she fears her car could be clamped.
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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I have considered Ms X’s information and comments. The information includes the Traffic Enforcement Centre (TEC) decision letter dated 9 May 2022.
My assessment
I will not investigate Ms X’s complaint for the following reasons: The law says the Ombudsman cannot investigate a complaint where a person has used a legal remedy (see paragraphs 3 and 4 above). Ms X has challenged the debt recovery order at the TEC. The grounds for doing so include a failure to reply to a representation or appeal. Ms X says in August 2021 she received the TEC’s debt recovery order giving the Council authority to pursue the PCN debt of £200. Ms X says her first attempt to apply to the TEC was refused because she had not correctly completed the application form. She did not know at the time because the reply went into her junk mail.
The TEC’s May 2022 decision provides Ms X with 14 days to file a request for a review of the decision by a district judge. The cost without a hearing is £108. If Ms X wants to dispute the debt she would have needed to pursue that option.
The Ombudsman cannot achieve what Ms X wants. The TEC’s refusal letter explains the Council has authority to pursue the debt and can resume doing so. Ms X should contact the Council or its enforcement agent to arrange to pay.
Final decision
The Ombudsman will not investigate Ms X’s complaint the Council is pursuing a penalty charge notice debt. Ms X used her right of appeal to the County Court’s traffic enforcement centre. The Council is entitled to pursue debt recovery and we cannot achieve what Ms X wants.
Investigator's decision on behalf of the Ombudsman