Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice. This is because Mr B applied to the Traffic Enforcement Centre to seek to regain his appeal rights. And, the Council has now cancelled this Penalty Charge Notice.

The complaint

1. Mr B complains the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) which meant he missed out on the opportunity to put in an appeal to London Tribunals.

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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 started court action about the matter. (Local Government Act 1974, section 26(6)(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, 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 B and the Council, and the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint because Mr B applied to the Traffic Enforcement Centre to regain his appeal rights. Also, the Council has now cancelled this PCN.

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Investigator's decision on behalf of the Ombudsman