Summary: We will not investigate this complaint about the enforcement of Penalty Charge Notices. It is reasonable to expect Miss X to apply to the Traffic Enforcement Centre to seek to regain her appeal rights, and then to appeal to the London Tribunals.

The complaint

1. Miss X complains she did not receive the statutory correspondence relating to Penalty Charge Notices (PCN). She says she only became aware of them when the enforcement agents contacted her, and this prevented her from appealing against them.

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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 Miss X and the Council, and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it is reasonable to expect Miss X to apply to the Traffic Enforcement Centre (TEC) to regain her appeal rights, and then if the TEC agrees to appeal to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman