The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not properly dealt with a penalty charge notice as there is a procedure set out in law which Mrs X can reasonably use to seek to address this.
The complaint
Mrs X complains the Council did not respond to her representations against a penalty charge notice (PCN) for a parking contravention and that she heard nothing further until she received the Charge Certificate.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Information supplied by Mrs X shows the Council says it sent its response to her representations on 11 February 2022. As this was not returned as undelivered by Royal Mail, enforcement continued.
The Council has advised Mrs X that the next opportunity she will have to challenge this is after she receives the Order for Recovery.
At this point, Mrs X can ask the court at the Traffic Enforcement Centre (TEC) to consider her case, and to set back the enforcement of the PCN.
As this is the procedure provided by Parliament to address an issue such as this, it is reasonable to expect Mrs X to use it. We will not therefore investigate.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to use the court remedy available to her.
Investigator's decision on behalf of the Ombudsman