Summary: We will not investigate this complaint because Miss X had a right of appeal to a tribunal about the Penalty Charge Notices, and we consider it was reasonable to expect them to use that right.

The complaint

1. Miss X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN). They say the matter has wrongly progressed through the enforcement procedure.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. We cannot normally investigate a complaint when someone could take the matter to court or use 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 go to court or appeal. (Local Government Act 1974, sections 26(6)(a) and (c), as amended)

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How I considered this complaint

4. I considered information from the complainant and the Council, and the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate this complaint because it was reasonable to expect the complainant to use their right of appeal to a tribunal about the Penalty Charge Notices.

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Investigator's decision on behalf of the Ombudsman