Summary: We will not investigate this complaint about the escalation of a traffic penalty charge notice. This is because the complainant could have asked the court at the Traffic Enforcement Centre to consider his case.

The complaint

1. Mr X complains about the escalation of a traffic penalty charge notice (PCN) when he did not receive a formal rejection of his appeal against it. Mr X says this has caused him stress and financial worry.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains he received a charge certificate, and an increased fine, regarding a PCN when he had not received a formal rejection of his appeal against the PCN from the Council.
6. The law provides a procedure whereby a motorist can challenge the escalation of a PCN if they do not receive a formal rejection of their appeal against it. The next notice the Council would have sent Mr X would have been an order for recovery. This would have allowed Mr X to ask the court at the Traffic Enforcement Centre (TEC) to consider his case. It is reasonable to expect Mr X to have taken this action as it is the procedure provided in law and we are not another level of appeal in this process or empowered to make the decisions the TEC can.
7. We will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because It is reasonable to expect him to have asked the court at the TEC to consider his case against the escalation of the PCN.

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Investigator's decision on behalf of the Ombudsman