Summary: We will not investigate this complaint about the enforcement of a Penalty Charge Notice. It is reasonable to expect the complainant to apply to the Traffic Enforcement Centre to seek to regain their appeal rights, and then to appeal to a tribunal.

The complaint

1. Mrs X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN). They say the matter has wrongly progressed through the enforcement procedure. She says this resulted in bailiff action and a charge of £395, causing financial hardship.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

Final decision

6. We will not investigate this complaint because the issues raised relate to whether the Penalty Charge Notice was issued correctly. The law provides a right of appeal to an independent tribunal to consider such matters. In addition, as the case has progressed to enforcement, the complainant may apply to the Traffic Enforcement Centre to seek to regain their appeal rights

Back to top

Investigator's decision on behalf of the Ombudsman