Summary: We will not investigate this complaint about the Council’s handling of a penalty charge notice. This is because she has used her right to go to court to challenge the Council’s escalation of the case and if she wishes to dispute the penalty charge notice it would be reasonable for her to appeal.

The complaint

1. Mrs X complains the Council failed to respond to her son’s representations against a penalty charge notice (PCN), did not notify her of the PCN and failed to provide any evidence of the contravention. It then escalated the case, increasing the amount of the penalty charge.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court but cannot investigate if the person has already been to court.. (Local Government Act 1974, section 26(6)(c), as amended)
4. The law says we cannot normally investigate a complaint when someone has 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Because Mrs X has applied to the TEC to challenge the Council’s escalation of the case we cannot consider any complaint about the issue of the PCN or the Council’s handling of Mrs X’s son’s representations against it.
9. The TEC accepted Mrs X’s application and it has now ordered the Council to take the PCN back to an earlier stage, reinstating her right of appeal. The restriction set out at Paragraph 4 therefore applies.
10. Because Mrs X disputes the validity of the PCN it would be reasonable for her to use the appeals process available. I will not therefore exercise my discretion to investigate the complaint.

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Final decision

11. We will not investigate this complaint. This is because it would be reasonable for Mrs X to use her right of appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman