Summary: We will not investigate Mr X’s complaint about the Council’s issue and handling of a penalty charge notice. This is because the appeals process is better placed to decide if the penalty charge notice is valid and it would be reasonable for Mr X to apply to the Traffic Enforcement Centre at Northampton County Court to reinstate his right of appeal.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He says he made representations against the PCN but did not receive a response. He does not accept the PCN and wishes to challenge it.

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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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. 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)
6. The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

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How I considered this complaint

7. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

8. Because Mr X did not receive a response to his representations against the PCN he may apply to the TEC to make a witness statement/statutory declaration. The TEC will be able to advise Mr X further about which forms to use.
9. If the TEC accepts Mr X’s application it may refer the case to London Tribunals to determine his appeal or direct the Council to take the case back to an earlier stage, reinstating his right of appeal. If the TEC refuses Mr X’s application he may apply for a review of its decision.
10. We are not an appeal body and it is not our role to determine whether the PCN is valid. I have seen nothing to suggest it would be unreasonable to expect Mr X to use the process set out above and I will not therefore exercise my discretion to investigate the matter further.

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Final decision

11. We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to make a witness statement/statutory declaration.

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Investigator's decision on behalf of the Ombudsman