Summary: We will not investigate this complaint about a penalty charge notice as Ms X can ask the court to consider her case and we cannot achieve the outcome she seeks.

The complaint

1. Ms X complains she appealed against a penalty charge notice (PCN) the Council issued to her, for making a prohibited turn when she was driving, but heard nothing further for two years. Ms X says she will struggle to pay the PCN and fees that now accompany it and wants it to be cancelled.

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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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Ms X considers the Council has not properly dealt with her case as she says she did not receive any response to her appeal against the PCN. Parliament has provided a mechanism by which Ms X can challenge this, by asking the court at the Traffic Enforcement Centre (TEC) to consider her case.
8. The Council says it did write to Ms X with its notice of rejection of her appeal and has advised Ms X of her right to take her case to the TEC. It is reasonable therefore to expect Ms X to follow this course of action and as such we will not investigate.
9. In addition, we are not another level of appeal and cannot decide if the PCN is valid or if it should be cancelled.

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Final decision

10. We will not investigate Ms X’s complaint because she can ask the TEC to consider her case.

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Investigator's decision on behalf of the Ombudsman