The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's enforcement of a penalty charge notice as Mr X can ask the court at the Traffic Enforcement Centre to consider his case.
The complaint
Mr X complains he appealed to the Council against a penalty charge notice (PCN) but did not receive a response. Mr X complains his case has now been passed by the Council to its enforcement agents.
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 in law by which Mr X can ask the court at the Traffic Enforcement Centre (TEC) to consider his case against the Council's enforcement of the PCN. It is best placed to assess this matter and it is reasonable to expect Mr X to take this 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 ask the court at the TEC to consider his case.
Investigator's decision on behalf of the Ombudsman