The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of two parking penalty charge notices as Mr X could have asked the court to consider his case.
The complaint
Mr X complains that due to an administrative error in his parking permit being renewed, the Council issued him with two penalty charge notices (PCNs). Mr X complains the Council did not respond to his formal appeal against the PCNs but progressed to the next stage in the process and sent him charge certificates. Mr X paid the PCNs at this point wants a reconsideration of the matter.
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.
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 Council’s enforcement of the PCNs, that is, that it had not responded to his formal appeal. Mr X would have had the right to do this once the Council had progressed to the next stage of the enforcement process and sent him orders for recovery for the PCNs. As this is the specific procedure provided in law, to address the situation Mr X found himself in, it is reasonable to expect him to have followed it. As such, and as per paragraph three, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have asked the court at the TEC to consider his case.
Investigator's decision on behalf of the Ombudsman