Summary: We will not investigate this complaint about the enforcement of a Penalty Charge Notice. This is because it was reasonable to expect the complainant to apply to the Traffic Enforcement Centre.

The complaint

1. In summary, Miss X says the Council failed to follow the correct procedure for a Penalty Charge Notice (PCN).
2. Miss X says she did not receive all the notices the Council says it sent to her and the matter has wrongly progressed through the enforcement procedure.

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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.

My assessment

7. Miss X disputes liability for the PCN and says the Council failed to properly consider her circumstances and health conditions during the enforcement process.

8. We will not investigate this complaint because it is reasonable to expect the complainant to have used the remedy available through the Traffic Enforcement Centre (TEC). The evidence shows the Council informed the complainant about the TEC process after she reported not receiving earlier statutory notices and provided guidance about the relevant applications that could be made. The Council also allowed additional time for her to pursue that remedy.
9. The law provides a specific appeal and enforcement framework for penalty charge notices, including applications to the Traffic Enforcement Centre where a person says they did not receive the statutory notices. The complainant had the opportunity to pursue that remedy and any challenge to the enforcement process through the TEC and, if necessary, seek a review of any TEC decision by a District Judge. So, we will not investigate as Miss X’s concerns about the PCN and enforcement process fall within the parking appeal framework, and it was reasonable to expect her to appeal to the TEC.

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Final decision

10. We will not investigate this complaint because it was reasonable to expect the complainant to apply to the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman