Summary: We will not investigate this complaint about the Council’s enforcement of a penalty charge notice as Mr X can ask the Traffic Enforcement Centre to consider his case.

The complaint

1. Mr X complained the Council issued him with a parking penalty charge notice (PCN) even though he paid to park. Mr X complained the Council did not send him a Notice to Owner about the PCN before it sent a Charge Certificate to him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Parliament has provided a mechanism by which motorists can challenge the enforcement of PCNs when something has gone wrong in the process. Mr X can ask the Traffic Enforcement Centre (TEC), which is part of the county court system, to consider his case, once the Council issues an Order for Recovery to him. If the TEC accepts Mr X’s case it will set the enforcement back to the Notice to Owner stage allowing Mr X to pay a lesser amount or formally appeal.
7. As this is the procedure specifically provided in law, it is reasonable to expect Mr X to follow it. As such, we will not investigate.

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Final decision

8. We will not investigate Mr X’s complaint because he can ask the TEC to consider his case.

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Investigator's decision on behalf of the Ombudsman