The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have used the statutory process and appealed to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) for a moving traffic offence. He says the signs were unclear and it is part of an experimental scheme. He says the Council did not say he could not pay and appeal.
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 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 information provided by Mr X and the Council. This includes the documents the Council issued about the PCN and information on the Council’s website about the PCN process. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The Council issued Mr X with a PCN for driving along a road which was prohibited to cars apart from permit holders. The PCN said Mr X could pay or appeal. The fine was reduced by 50% if paid within 14 days.
A few days later Mr X paid the fine at the reduced rate. He did not appeal. Mr X says he did not want to risk the fine increasing. Mr X disputes the PCN because he says the sign was unclear and it is an experimental scheme.
I will not investigate this complaint because Mr X could have used the statutory process. He could have appealed against the PCN, using the form provided by the Council, and then appealed to the tribunal if the Council rejected his challenge. It is reasonable to expect Mr X to have done this because it is the process set up by parliament and the tribunal is the appropriate body to consider disputes about PCNs. The tribunal would have considered Mr X’s assertion that the sign was unclear. If the tribunal upheld the appeal it would have cancelled the PCN.
The PCN gave Mr X the option to pay or appeal. In addition, there is detailed information on the Council’s website which explains that if Mr X had submitted his initial challenge within 14 days then the Council would have offered another 14 days to pay at the discounted rate. But, Mr X paid the fine without making any challenge. The website also explains that if someone pays a PCN then the Council will close the case.
Final decision
We will not investigate this complaint because Mr X could have followed the statutory process and appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman