Summary: We will not investigate this complaint about the Council’s enforcement of a parking penalty charge notice as Mrs X had the right to ask the court to consider her case.

The complaint

1. Mrs X complains the Council is pursuing her for a parking contravention penalty charge notice (PCN) which she says she has paid. Mrs X says this has caused her upset.

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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 and the Council.
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 a PCN when they consider that something has gone wrong in the process. On receipt of the order for recovery regarding the PCN, Mrs X had the right to ask the court at the Traffic Enforcement Centre (TEC) to consider her case, that is, that she has already paid this PCN. It is reasonable to expect Mrs X to have followed this procedure, and as per paragraph three, we will not therefore investigate.

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Final decision

7. We will not investigate Mrs X’s complaint because she had the right to ask the court to consider her case and it is reasonable to expect her to have done so.

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Investigator's decision on behalf of the Ombudsman