The Ombudsman's final decision
Summary: We will not investigate this complaint about a moving traffic penalty. It is reasonable for Mr X to us his right to file an Out of Time Statutory Declaration with the Traffic Enforcement Centre.
The complaint
Mr X complained the Council fined him in 2021 for a moving traffic offence, however he did not receive the Penalty Charge Notice (PCN) until late 2021 because he was in the process of moving address at the time. The Council has refused to consider his late appeal. Mr X is £278 out of pocket. He wants to be allowed a fair appeal and for the Council to make the road layout clear.
The Ombudsman’s role and powers
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr X for a moving traffic offense in June 2021. However, Mr X was in the process of moving properties at that time and says he did not become aware of the PCN until later that year.
The registered keeper of a vehicle usually has 21 days from the date of the issuing authority’s order to pay the amount owed or make a Statutory Declaration to the Traffic Enforcement Centre (TEC). The grounds for filing a Statutory Declaration include the keeper not having received the PCN.
The TEC has discretion to accept an application made outside this time limit. If the keeper wishes to make a late Statutory Declaration they must apply to the TEC to do so. If the TEC refuses the application, the keeper may apply for a review of its decision by a District Judge at their local County Court.
It is reasonable for Mr X to use the appeal rights available to him, and there is not a good reason for the Ombudsman to consider this complaint instead.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to use his right to appeal to the Traffic Enforcement Centre and then the courts.
Investigator's decision on behalf of the Ombudsman