Summary: We will not investigate this complaint about the enforcement of a Penalty Charge Notice. This is because is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to reinstate his right of appeal and, if successful, appeal to London Tribunals.

The complaint

1. Mr X complains the Council failed to send him a ‘notice to owner’ in respect of a penalty charge notice (PCN) issued for an alleged parking contravention. He says this denied him his right to appeal against the PCN.

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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.

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How I considered this complaint

5. I considered information from Mr X and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it is reasonable to expect Mr X to apply to the TEC to reinstate his right of appeal against the PCN. If Mr X then wishes to challenge the PCN it would be reasonable for him to appeal.

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Investigator's decision on behalf of the Ombudsman