Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice. Mr X has already applied to the Traffic Enforcement Centre to seek to regain his appeal rights.

The complaint

1. Mr X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) and denied him his right to appeal against it. He says the matter has wrongly progressed through the enforcement procedure without him receiving any communication about it until enforcement.

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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 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.

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How I considered this complaint

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

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Assessment

6. Mr X says he did not receive any communication from the Council about a PCN and filed a late witness statement at the Traffic Enforcement Centre (TEC).
7. The Council are waiting for the TEC to send the revoking order.

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Final decision

8. We cannot investigate this complaint because Mr X has applied to the Traffic Enforcement Centre to regain his appeal rights, and may then appeal if the TEC agrees.

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Investigator's decision on behalf of the Ombudsman