Summary: We will not investigate this complaint about two Penalty Charge Notices because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre.

The complaint

1. Mr Y complained the Council pursued him for two Penalty Charge Notice (PCNs) despite not contacting him about the penalties for over three years. He also says he did not receive a copy of some of the PCN correspondence including the Order for Recovery. He is also unhappy with the Council’s handling of his complaint.
2. Mr Y says the issue caused him upset and worry about his finances.

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The Ombudsman’s role and powers

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. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

5. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y says he did not receive many of the different letters relating to two PCNs issued in 2022. He also is unhappy that he was then contacted in late 2025 about the PCNs, which were by this time with bailiffs for enforcement. He is seeking the removal of the warrants for enforcement and the PCNs to be returned to an earlier stage.
7. Mr Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates and Orders for Recovery for the PCNs. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against it to the Council initially and then the London Tribunals. Mr Y can then decide if he wishes to appeal the PCNs or pay the penalties.
8. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
9. As we are not investigating the substantive issues in this complaint, it is not a good use of public funds to investigate how the Council dealt with Mr Y’s complaint. We will not investigate.

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Final decision

10. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman