Summary: We will not investigate this complaint about a penalty charge notice issued by the Council. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre at Northampton County Court to reinstate his right of appeal.

The complaint

1. Mr X complains about a penalty charge notice (PCN) issued by the Council. He disputes the PCN and says the Council failed to respond to his appeal against it.

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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)
4. 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.
5. 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)
6. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The validity of the PCN is a matter for the appeals process; it is not for us to decide whether the Council correctly issued it and whether it should be cancelled.
10. Mr X says he appealed against the PCN to the Council but the Council says it did not receive his appeal. In this case it would be reasonable for Mr X to apply to the TEC to make a late witness statement.
11. If the TEC accepts Mr X’s application it may order the Council to take the process back to an earlier stage, reinstating his right of appeal and removing any additional charges from the amount owed. The restriction at Paragraph 5 would then apply. If the TEC refuses Mr X’s application he may apply for a review of its decision.
12. The witness statement process has been specifically designed to deal with issues such as the one Mr X describes and it is relatively easy to follow. The TEC’s decisions are also binding on both parties.
13. I have seen nothing to suggest it would be unreasonable to expect Mr X to use the process and I will not therefore exercise my discretion to investigate this complaint.

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Final decision

14. We will not investigate this complaint. This is because it would be reasonable for Mr X to apply to the TEC to reinstate his right of appeal against the PCN.

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Investigator's decision on behalf of the Ombudsman