London Borough of Ealing (22 002 596)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 14 Jun 2022
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint the Council’s enforcement agent is recovering a penalty charge notice debt. Mr X is using his legal remedy by challenging the debt recovery at the County Court’s Traffic Enforcement Centre.
The complaint
- Mr X complains the Council’s enforcement agent sent an enforcement letter threatening to remove goods if a penalty charge notice debt of £514 is not paid. Mr X says in March 2021 the Council issued a penalty charge notice (PCN) for a driving contravention. He attempted to appeal the PCN but did not get a reply and moved address. Mr X says the Council has caused stress and time and trouble. He says the Council should cancel the PCN and pay compensation.
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)
- 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 considered the comments and information provided by the complainant and the Council.
My assessment
- The Ombudsman cannot investigate where a complainant is using a legal remedy (see paragraphs 2 and 4). Mr X has a legal remedy and tells me he is challenging the debt recovery order at the County Court’s Traffic Enforcement Centre (TEC). If the TEC refuses Mr X’s application he can go before a Judge. If the TEC decide in Mr X’s favour the case will revert to an earlier stage giving Mr X the right to appeal the PCN or pay the fine.
- The Council has confirmed that its enforcement agent has put the debt recovery on hold.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint the Council’s enforcement agent is recovering a penalty charge notice debt. Mr X is using his legal remedy by challenging the debt recovery at the County Court’s Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman