The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council's enforcement of a penalty charge notice as it is reasonable to expect the complainant to ask the court to consider her case.
The complaint
Miss X complains the Council did not respond to her appeal against a moving traffic penalty charge notice (PCN) but continued to enforce it. Miss X says this has caused her upset and financial worry.
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
Miss X can ask the court at the Traffic Enforcement Centre (TEC) to consider her case against the Council's enforcement of the PCN. The Council sent Miss X an order for recovery notice which explained this process. This is the specific procedure provided in law to address the circumstance Miss X complains about and it is reasonable to expect her to use it. As such, we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to ask the court at the TEC to consider her case.
Investigator's decision on behalf of the Ombudsman