Summary: We will not investigate this complaint about the Council’s handling of a Penalty Charge Notice. It is reasonable to expect the complainant to apply to the Traffic Enforcement Centre to take the process back to an earlier stage.

The complaint

1. Mr X complains he did not receive a penalty charge notice (PCN) from the Council and only became aware of the PCN at a later stage. He is also unhappy with the Council’s handling of his correspondence and complaint about the PCN.

Back to top

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 normally investigate a complaint when someone could take the matter to court or use 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 go to court or appeal. (Local Government Act 1974, sections 26(6)(a) and (c), as amended)
4. 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.

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Because Mr X did not receive the PCN he may wait for the Council to register the unpaid PCN with the TEC and issue an ‘order for recovery’. This document will contain details of how Mr X can apply to the TEC to make a witness statement/statutory declaration asking the TEC to take the process back to an earlier stage.
7. 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. If the TEC refuses Mr X’s application he may apply for a review.
8. 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. I have seen nothing to show it would not be reasonable for Mr X to use the process and I will not therefore exercise our discretion to investigate the complaint.
9. Mr X is also unhappy with the way the Council dealt with his complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

Back to top

Final decision

10. We will not investigate this complaint. This is because it is reasonable to expect Mr X to wait for the Council to register the case with the TEC and apply to me a witness statement/statutory declaration.

Back to top

Investigator's decision on behalf of the Ombudsman