London Borough of Barking & Dagenham (24 019 862)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 26 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a moving traffic penalty charge notice as Mr X can ask the court to consider his case.
The complaint
- Mr X complains he did not receive a penalty charge notice (PCN) the Council sent to him by post. Mr X says he only became aware of the PCN when he received a charge certificate. Mr X is unhappy that the cost of the PCN has increased.
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 and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In its complaint responses to Mr X, the Council has explained the process by which he can challenge its enforcement of the PCN, that is, by making a witness statement to the court at the Traffic Enforcement Centre (TEC) to say that he did not receive the PCN. The TEC will then decide what should happen next.
- This is the procedure provided by parliament for someone in Mr X’s position to achieve redress. It is reasonable to expect Mr X to use this procedure, and we will not therefore investigate, as per paragraph three.
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