The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
The complaint
Mr Y complained the Council would not accept payment of a Penalty Charge Notice (PCN) at the discounted rate, after Mr Y failed to pay in the initial period and the penalty had therefore increased. Mr y says he only did not pay because he had not received the correspondence to make him aware of the PCN.
Mr Y says this has caused him distress and worry about how to pay the PCN.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) 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 Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr Y in May 2022. The Council says it received an informal challenge from Mr Y by email. The Council rejected these representations by email before sending a Notice to Owner and a formal representation rejection in June.
Mr Y says he did not receive the letters and so did not pay at the discounted rate of £25. The Council then registered a Charge Certificate with the Traffic Enforcement Centre (TEC) at Northampton County Court in July.
Mr Y then complained to the Council. The Council responded, denying fault and referred Mr Y to us.
Analysis Mr Y has a right to submit a late witness to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN on the basis he did not receive the correspondence. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal to the Traffic Penalty Tribunal. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman