Summary: We will not investigate this complaint about enforcement of a parking penalty charge notice as Mr X could have asked the court to consider his case against it.

The complaint

1. Mr X complains the Council enforced a parking penalty charge notice (PCN) he was unaware of. Mr X complains that when he was able to challenge it, the Council did not cancel the PCN and acted disproportionately.

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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. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. The law provides a procedure whereby Mr X could have asked the court at the Traffic Enforcement Centre to consider his case against the Council’s enforcement of the PCN. This is the procedure provided in law to address such circumstances, and it is reasonable to expect Mr X to have followed it. We will not therefore investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have asked the court to consider his case.

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Investigator's decision on behalf of the Ombudsman