The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect Mr Y to appeal to the London Tribunals.
The complaint
Mr Y complains the Council has not waived the enforcement costs for an unpaid Penalty Charge Notice (PCN). Mr Y says he did not appeal or pay the fine earlier due to ill-health. He considers the costs to be excessive and this is making him upset and worried.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered the information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y received a PCN in early 2021. While the Council did send Mr Y the Notice to Owner and other enforcement documentation, Mr Y says he was too mentally unwell either to appeal or pay. Consequently, the amount due increased and the Council passed the matter to bailiffs. Mr Y then had to pay both the PCN amount and the enforcement costs. He considers the amount for the enforcement costs to be excessive, especially as he was too unwell to appeal.
Mr Y can make a late witness statement and apply to the London Tribunal to make a late appeal, explaining why he did not pay the PCN earlier or appeal against it. If successful, the London Tribunals have the power to return Mr Y’s PCN to an earlier stage.
Mr Y has told us he is able to do this as his health has now improved. It is therefore reasonable to expect him to pursue his right to appeal to the Tribunal so we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman