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 Mrs Y to appeal to the Traffic Enforcement Centre.
The complaint
Mrs Y complains the Council wrongly issued a Penalty Charge Notice (PCN) to her, despite the traffic warden saying they would cancel it as she was seeking medical advice for her child at the time.
Mrs Y says she has the fine has now increased and she cannot afford to pay it and she feels misled by the traffic warden.
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)
How I considered this complaint
I considered the information Mrs Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mrs Y in August 2020. Mrs Y says she spoke to the traffic warden, explaining she was getting medical advice for her child and the traffic warden said that the Council would cancel the PCN.
Mrs Y then appealed the PCN, but this appeal was refused in November. Mrs Y says she was unaware of the outcome of her appeal until January 2021 when she received letters threatening court action. She says she has since had bailiffs visiting her property. Mrs Y contacted us in January 2022.
Analysis Mrs Y’s challenge to the PCN is a matter for the appeals process. Mrs Y can apply to the Traffic Enforcement Centre (TEC) to make a late witness statement. If the TEC accepts Mrs Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mrs Y’s right of appeal against it.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, it is reasonable to expect Mrs Y to use her right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because it is reasonable to expect Mrs Y to appeal to the Traffic Enforcement Centre.
Investigator's decision on behalf of the Ombudsman