Summary: We will not investigate this complaint about the enforcement of a penalty charge notice as it is reasonable to expect the complainant to ask the court to consider their case.

The complaint

1. Ms X complains she received no response from the Council after she appealed against a penalty charge notice (PCN) it issued to her and that she has now received a charge certificate about the PCN. Ms X says this has caused her stress and anxiety.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Parliament has provided a procedure for motorists to challenge the enforcement of PCNs when something has gone wrong in this process. Once the Council issues Ms X with the next notice in the procedure, an order for recovery, Ms X will be given the opportunity to ask the court at the Traffic Enforcement Centre (TEC) to consider her case, that is, that she did not receive a response to her appeal.
6. It is reasonable to expect Ms X to follow this procedure and as per paragraph two, we will not therefore investigate.

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Final decision

7. We will not investigate Ms X’s complaint because it is reasonable to expect her to ask the court to consider her case.

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Investigator's decision on behalf of the Ombudsman