The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's handling of a parking penalty charge notice as the complainant had the right to take his case to court.
The complaint
Mr X complains the Council did not respond to his appeal against a parking penalty charge notice (PCN) but escalated the enforcement of it to the charge certificate stage, increasing the charge and, he says, causing him stress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided a mechanism by which Mr X could have asked the court at the Traffic Enforcement Centre (TEC) to consider his case against the enforcement of the PCN. The TEC is the appropriate body to have considered this matter, and it is reasonable to expect Mr X to have taken such action. As such, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have pursued this matter via the court at the TEC.
Investigator's decision on behalf of the Ombudsman