The Ombudsman's final decision
Summary: We will not investigate this complaint about enforcement action regarding an unpaid parking penalty charge notice as it is reasonable to expect the complainant to ask the court at the Traffic Enforcement Centre to consider her case.
The complaint
Mrs X complains the Council unfairly issued her with a parking penalty charge notice (PCN) and that she was not made aware of it until some time later when the Council’s enforcement agents contacted her. Mrs X says this caused her distress and a financial loss of £425.
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 procedure whereby motorists can challenge the enforcement of PCNs when something has gone wrong in the process, such as where notices were not received. Mrs X has the right to ask the court at the Traffic Enforcement Centre (TEC) to consider her case. The Council advised Mrs X of this in its complaint response. It is reasonable to expect Mrs X to take her case to court and we will not therefore investigate.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to take her case to court.
Investigator's decision on behalf of the Ombudsman