Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice. This is because he used his right to challenge the Council’s escalation of the case with the Traffic Enforcement Centre.

The complaint

1. Mr X complains he did not receive the Council’s response to his representations against a Penalty Charge Notice (PCN), which it sent by post rather than email. Mr X says he missed the opportunity to appeal in time, and it has caused him a financial disadvantage and unnecessary time and trouble. Mr X wants the Council to refund the extra costs he incurred and review its processes.

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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 they have already taken the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

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How I considered this complaint

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

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Final decision

7. Although Mr X missed the opportunity to appeal in time, he did make a late appeal to the TEC. We cannot investigate Mr X’s complaint because he used his right to challenge the Council’s escalation of the case with the Traffic Enforcement Centre. The Ombudsman has no discretion to investigate.

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Investigator's decision on behalf of the Ombudsman