Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice. Mr X applied to the Traffic Enforcement Centre and appealed to the Traffic Penalty Tribunal.

The complaint

1. Mr X complained the Council failed to respond to his representations against a Penalty Charge Notice (PCN), and carried out enforcement action despite him having paid the penalty. He said the Council’s enforcement agents used intimidation, threats and caused risk to life. He said this caused distress and inconvenience. He wanted the Council to pay him compensation.

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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 investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the PCN process back where there has been procedural fault.

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How I considered this complaint

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

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Final decision

7. We cannot investigate this complaint because the complainant has applied to the Traffic Enforcement Centre and has appealed to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman