Summary: We cannot investigate this complaint about the enforcement of a Penalty Charge Notice. Mr X sought a remedy through the Traffic Enforcement Centre, and the law says we cannot investigate where a person has already sought a remedy through a court. We will not investigate the rest of Mr X’s complaint about the Penalty Charge Notice; it would be reasonable to expect him to use the statutory representations and appeals procedure.

The complaint

1. Mr X said the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) and denied them their right to appeal against it. They say the matter has wrongly progressed through the enforcement procedure. Mr X submitted a witness statement to the Traffic Enforcement Centre (TEC) and the PCN was set back to an earlier stage.
2. It would now be reasonable to expect Mr X to use the statutory representations and appeals procedure to challenge the PCN.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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.
6. 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)
7. London Tribunals considers parking and moving traffic offence appeals for London.

Back to top

How I considered this complaint

8. I considered information from the complainant and the Council, and the Ombudsman’s Assessment Code.

Back to top

Final decision

9. We cannot investigate this complaint because Mr X sought a remedy through the Traffic Enforcement Centre and it is now reasonable to expect him to use the statutory representations and appeals procedure.

Back to top

Investigator's decision on behalf of the Ombudsman