Summary: We will not investigate this complaint about an escalated penalty charge notice as Mr X could have taken his case to court.

The complaint

1. Mr X complains the Council wrongly escalated a parking penalty charge notice (PCN) it issued to him, after he says it did not respond to his appeal against it. Mr X complains he had to pay an increased amount.

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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 challenged the Council’s enforcement of the PCN on the basis that he says he did not receive a rejection of his appeal against it. On receipt of the next notice in the enforcement process, the order for recovery, Mr X could have asked the court at the Traffic Enforcement Centre (TEC) to consider his case. It is empowered to decide whether enforcement should have been set back. As this is the prescribed procedure provided in law and as we are not empowered to make such decisions, it is reasonable to expect Mr X to have use this court remedy and 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