London Borough of Enfield (26 010 856)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 22 Jul 2026
The Ombudsman's final decision:
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
- In short, Mr X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) as he did not receive the PCN in the post.
- Mr X complains the matter has unfairly escalated through the enforcement procedure to the Charge Certificate stage and he has been advised he can no longer appeal.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
- 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)
- 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.
How I considered this complaint
- I considered information from the complainant, which includes the Council’s response, and the Ombudsman’s Assessment Code.
My assessment
- The Council wrote to Mr X. It noted Mr X was complaining he had not received the PCN. The Council said it was prepared to settle the matter by accepting £80, which was the discounted penalty charge amount. It said if it was not paid within 14 days, the case would progress to the next stage where the debt would be registered at the county court and payment of £240 would be required.
- We will not investigate. This is because it is reasonable for Mr X to apply to the TEC to regain his appeal rights. He may then appeal once the TEC has reinstated appeal rights.
Final decision
- We will not investigate this complaint because it is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to regain his appeal rights and then appeal if the TEC agrees.
Investigator's decision on behalf of the Ombudsman