Summary: We will not investigate Miss X’s complaint about a Penalty Charge Notice. This is because it is reasonable for Miss X to appeal to the Traffic Enforcement Centre at Northampton County Court and to London Tribunals.

The complaint

1. Miss X complains about a Penalty Charge Notice (PCN) the Council issued in November 2024. She disputes the alleged parking contravention and says the Council verbally agreed to cancel the PCN in March 2025. The Council then registered the unpaid PCN as a debt and instructed enforcement agents to recover payment from her. She says this has caused distress. She wants the Council to cancel the PCN.

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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 Miss X and the Ombudsman’s Assessment Code.

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My assessment

The PCN process

8. Councils must follow a set procedure when pursuing PCNs for alleged parking contraventions and handling appeals against them. When a council issues a PCN, the motorist has 28 days to pay the penalty charge or appeal. Appeals at this stage are known as ‘informal challenges’.
9. If the motorist makes an informal challenge to a PCN and the council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the council’s reasons, they may pay the PCN. If not, they may wait for a ‘notice to owner’. This provides another opportunity for the vehicle owner to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations, the motorist may appeal to London Tribunals.
10. If the motorist does not pay or make formal representations, the council will issue a charge certificate, increasing the amount payable by 50%. If the motorist does not pay, the council may then apply to the TEC to register the debt.
11. If the motorist does not pay or make a witness statement to the TEC, the council may apply to the TEC for a warrant instructing enforcement agents (bailiffs) to recover it.

Miss X’s case

12. The Council issued a PCN to Miss X for parking in a suspended bay on 9 November 2024. Miss X says the bay was not suspended on that date.
13. Miss X says that, when she disputed the PCN on 31 March 2025, the Council verbally agreed it issued the PCN in error and would cancel it.
14. In May 2025, Miss X received a letter from a debt enforcement agency pursuing the PCN on the Council’s behalf. When she contacted the Council about this, the Council responded it had already told Miss X the TEC had issued a warrant, which allowed it to instruct bailiffs.
15. We will not investigate this complaint. It is reasonable for Miss X to appeal the PCN using the above statutory process. She can submit a late witness statement to the TEC asking it to take the process back to an earlier stage, reinstating her right of appeal to the London Tribunals.
16. Making a late witness statement allows motorists to challenge a council’s escalation of a PCN. This includes alleged failures by a council to follow the statutory enforcement process for PCNs.
17. If successful, the TEC may order the council to take the PCN back to an earlier stage, removing any extra charges from the amount owed and reinstating her right of appeal to London Tribunals. If the TEC refuses an application to make a late witness statement, the motorist may apply for a review of its decision.

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Investigator's decision on behalf of the Ombudsman