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.
The complaint
Mr Y complains he has unfairly received a Penalty Charge Notice (PCN) from the Council and his appeal was not responded to.
Mr Y has now been contacted by an enforcement agent which has caused him upset and worry, particularly as he works as a private hire driver and cannot work if his vehicle is clamped. He is also worried about the cost of paying the penalty which is now more than £300.
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) 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) 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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mr Y in July 2021 for stopping in a bus stop. Mr Y appealed later in July. Mr y says he did not receive a response from the Council to his appeal. The Council says it sent a notice of rejection to Mr Y’s address before issuing a charge certificate in October.
Mr Y complained to the Council in October, explaining he had not received a response to his appeal. The Council responded saying it had refused his appeal and sent the rejection. It advised him that he could appeal through the County court by completing a statutory declaration.
Mr Y complained again in March 2022, after waiting to be issued with a court order which he said he had then hoped to have set aside. He said he had been contacted by enforcement agents trying to recover the penalty debt. The Council responded in April in which it denied fault. Mr Y then approached us.
Analysis Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre, asking it to remove the charge certificate for the PCN. Mr Y can apply to the Traffic Enforcement Centre (TEC) to make a late statutory declaration. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against the PCN to the Council initially and then the London Tribunals. If Mr Y has now paid the enforcement agent the TEC can also consider any additional costs relating to the enforcement of the debt. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal.
Investigator's decision on behalf of the Ombudsman