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 try to set the process back.

The complaint

1. Mr B says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) which meant he missed the opportunity to pay this PCN at the discounted rate.

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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. 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 set this PCN back. This was the appropriate process to challenge the Council’s enforcement of this PCN. This means we have no discretion to investigate this complaint and we also cannot investigate the Traffic Enforcement Centre’s decision to reject Mr B’s late witness statement.

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Investigator's decision on behalf of the Ombudsman