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 late witness statement/statutory declaration.
The complaint
The complainant, Mr X, complains the Council sent correspondence about a penalty charge notice (PCN) to the wrong address. As a result he was unaware of the PCN and did not pay. The Council’s bailiffs are now pursuing him for payment.
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)
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 Council’s correspondence he may apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to make a late witness statement/statutory declaration. If successful the TEC may take the process back to an earlier stage, reducing the amount of the penalty charge to the original rate. If the TEC refuses Mr X’s application Mr X may ask for a review of its decision.
It would be reasonable for Mr X to use this process to address his concerns, so I will not exercise our discretion to investigate the matter further.
Final decision
We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to make a late witness statement/statutory declaration.
Investigator's decision on behalf of the Ombudsman