The Ombudsman's final decision
Summary: We will not investigate Mr Y’s complaint about the Council’s escalation of a penalty charge notice issued to his son. This is because it would be reasonable for Mr Y’s son to apply to the Traffic Enforcement Centre at Northampton County Court to challenge the Council’s actions.
The complaint
The complainant, Mr Y, complains about the Council’s pursuit of his son (Mr X) for payment of a penalty charge notice (PCN) he knew nothing about. He says the Council has failed to provide evidence to show it wrote to Mr X about the PCN and wants the Council to refund his payment to settle the debt.
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 Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If Mr X did not receive the Council’s correspondence about the PCN it would be reasonable for him to apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to make a late statutory declaration. If the TEC accepts Mr X’s application it may take the process back to an earlier stage, reinstating Mr X’s right of appeal and reducing the amount of the PCN. We would then expect the Council to issue a refund to Mr Y for the additional charges added to the debt. If the TEC refuses Mr X’s application he may apply for a review of its decision.
The Council’s final response to Mr Y’s complaint refers him to this process and I have seen nothing to suggest it would not be reasonable to expect Mr X to use it. I have therefore decided not to exercise my 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 statutory declaration.
Investigator's decision on behalf of the Ombudsman