Westminster City Council (26 005 348)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 14 Jul 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s escalation of penalty charge notices. This is because it would be reasonable for Mr X to apply to the Traffic Enforcement Centre to take the process back to an earlier stage.
The complaint
- Mr X complains that he did not receive any correspondence from the Council regarding Penalty Charge Notices (PCNs). He first became of aware of the issue when contacted enforcement agents in August 2025. He says this caused him significant cost and distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- As Mr X did not receive correspondence from the Council about the PCNs, he may apply to the TEC to make a late witness statement/statutory declaration. If the TEC accepts Mr X’s application it may order the Council to revert the process back to an earlier stage, reinstating his right of appeal and removing the basis for increased charges. If the TEC refuses Mr X’s application, he may apply for a review of its decision.
- I have seen nothing to show it would be unreasonable to expect Mr X to use this process and I will not therefore exercise my discretion to investigate the complaint.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to the TEC.
Investigator's decision on behalf of the Ombudsman