Summary: We will not investigate this complaint about the enforcement of a Penalty Charge Notice. It is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to seek to regain his appeal rights or have the Penalty set back to an earlier stage.

The complaint

1. Mr X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN) and denied him his right to pay the original cost, or appeal against it. He says the matter has wrongly progressed through the enforcement procedure.
2. Mr X wants the Council to remove enforcement fees and to allow him to pay the original PCN.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. 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)
5. 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

6. I considered information from the complainant and the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate this complaint because it is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to regain their appeal rights and request the PCN is set back to an earlier stage.

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Investigator's decision on behalf of the Ombudsman