Summary: We will not investigate this complaint about the Council’s enforcement of a parking penalty charge notice. This is because the complaint is made late and there are not good reasons to investigate now.

The complaint

1. Mr X complains the Council prematurely removed its hold on bailiff enforcement action regarding a parking penalty charge notice (PCN) after he had asked the court at the Traffic Enforcement Centre (TEC) to consider his case. Mr X wants the Council to refund the PCN he paid and to make a monetary payment to him for the distress he says he was caused.

Back to top

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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X asked the court at the TEC to consider his case against the Council’s enforcement of a parking PCN when, he says, he did not receive the Council’s notice of rejection of his appeal against the PCN.
8. Mr X complains that in August 2024, when he had to re-submit his appeal to the court, after an error in his initial submission, the Council removed the hold it had placed on bailiff action. Following this, I believe Mr X decided to pay off the PCN.
9. Mr X’s complaint to us in March 2026 is made late as not made within a year of him knowing about the problem in August 2024. Mr X has provided no reason for the delay, and I consider it is reasonable to expect him to have complained to us sooner and within a year of him knowing about the problem.
10. The enforcement action prior to this also took place more than one year prior to Mr X complaining to us, and is, in any case, not within our legal remit, as per paragraph four, given Mr X asked the court to consider the matter
11. Mr X may still have recourse via the TEC but would need to contact it directly about this.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because it is made late to us and there are not good reasons to investigate now.

Back to top

Investigator's decision on behalf of the Ombudsman