Summary: We will not investigate this complaint about the Council’s handling of the enforcement of a penalty charge notice for an alleged moving traffic contravention. It is reasonable to expect the complainant to use her right of appeal to London Tribunals.

The complaint

1. Mrs X complains about the Council’s handling of the enforcement of a penalty charge notice (PCN) she received for an alleged moving traffic contravention, particularly that she did not receive some of the statutory documents the Council issued.

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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.

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How I considered this complaint

5. I considered information provided by Ms X and the Council, which included details about the chronology of the enforcement process in this case and the current status of the PCN.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. I understand Ms X submitted a third statutory declaration to the Traffic Enforcement Centre in early-2025, and a new PCN was issued as a result. This will have again given Ms X the opportunity to either pay the penalty charge or submit representations. If the Council rejects any representations Ms X submits, she will then have the opportunity to appeal to London Tribunals if she still wishes to challenge the PCN.
8. With reference to paragraphs 3 and 4 above, I consider it reasonable to expect Ms X to use this right of appeal to a tribunal, so we will not investigate her complaint.

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Final decision

9. We will not investigate Ms X’s complaint because it is reasonable to expect her to use her right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman