Summary: We will not investigate this complaint about moving traffic Penalty Charge Notices. It is reasonable for Mr X to submit a statutory declaration to the Traffic Enforcement Centre, and if successful, to then use his statutory right of appeal to London Tribunals.

The complaint

1. Mr X complained about the Council’s lack of response to his representations against two parking Penalty Charge Notices (PCNs) totalling £240. He wanted the Council to cancel the PCNs.

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The Ombudsman’s role and powers

2. 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)
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)

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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. Mr X received two PCNs in mid-2025 relating to a date when he says his family member was driving his vehicle. Mr X says he made representations to the Council within 28 days, explaining his view that a contravention did not occur, but did not receive a response. He says the Council instead proceeded with issuing charge certificates.
7. We expect councils to consider formal representations received within 28 days. However, where a penalty charge remains unpaid after 14 days from a charge certificate, the council can register it as a debt at the Traffic Enforcement Centre (TEC) at Northampton County Court. This has likely already happened.
8. A process exists for motorists to write to the the court in such circumstances, with a view to having the matter reverted to an earlier stage. Where the court accepts a Statutory Declaration, this means the person can then exercise their appeal rights.
9. The grounds for filing a Statutory Declaration are set out in Form PE3. They include where the keeper made representations to the council about the penalty charge within 28 days of the NtO and did not receive a rejection. It is reasonable for Mr X to file a statutory declaration to the TEC.
10. If the TEC accepts Mr X’s Statutory Declaration, it will then be open to him to exercise his right of appeal to London Tribunals. It is reasonable for him to take this course of action.
11. We are not an appeal body and the court and tribunal are best placed to consider the matters Mr X raises. We will not investigate a complaint about the matter instead.

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Final decision

12. We will not investigate Mr X’s complaint because it is reasonable for him to submit a statutory declaration to the Traffic Enforcement Centre, and if successful, to then use his statutory right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman