Summary: We will not investigate this complaint about the enforcement of a Penalty Charge Notice. Mr X has progressed the matter through the statutory process and has applied to the County Court to challenge the Traffic Enforcement Centre’s decision.

The complaint

1. Mr X says the Authority failed to follow the correct procedure for a Penalty Charge Notice (PCN) and denied them their right to appeal against it, including mishandling the enforcement process and refusing his application to reset the case.

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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 the complainant and the Authority, and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because Mr X has applied to the County Court to challenge the Traffic Enforcement Centre’s decision.

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Investigator's decision on behalf of the Ombudsman