Summary: We will not investigate this complaint about the Council’s alleged failure to make Mr X aware of a parking contravention notice. This is because the complaint relates to events that took place more than 12 months ago and it would have been reasonable for Mr X to refer the complaint to us at the time. In addition, even if we did exercise discretion to investigate, the complaint is outside of our jurisdiction as Mr X has used his right of appeal to the traffic enforcement centre regarding the notice.

The complaint

1. Mr X complained the Council failed to notify him when it sent him a parking contravention notice in 2021. He also complained that the Council did not respond when he contacted it about this.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X first complained to the Council in September 2021 after receiving correspondence relating to a parking contravention notice (PCN) served in July 2021. Mr X says he did not receive a response from the Council.
8. He later complained again about the matter in 2024 after a debt recovery agency contacted him regarding outstanding debt relating to the PCN. The Council told Mr X it sent the notice to a DVLA registered address for him at the time and directed him to appeal the notice at the traffic enforcement centre (TEC) if he was unhappy.
9. Mr X has brought the complaint to the Ombudsman because he is unhappy with the Council’s response to his complaint and its overall management of the PCN. The Ombudsman will not usually exercise discretion to investigate matters that relate to events that took place more than 12 months prior to the date the complainant contacted us. The evidence shows that Mr X has been aware of the PCN and the Council’s alleged failure to respond to him since at least September 2021. It therefore would have been reasonable for him to refer the complaint much sooner.
10. Further, Mr X has since appealed the PCN to the TEC. The TEC was set up to decide whether Councils have acted in line with the required protocols when serving PCNs and it is best placed to deal with this matter. The Ombudsman does not have the jurisdiction to investigate matters that have already been appealed.

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Final decision

11. We will not investigate Mr X’s complaint because the complaint relates to events that took place more than 12 months ago. In addition, even if we did exercise discretion to investigate, the complaint is outside of our jurisdiction as Mr X has used his right of appeal to the traffic enforcement centre regarding the notice.

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Investigator's decision on behalf of the Ombudsman