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 Miss Y to appeal to the Traffic Enforcement Centre and London Tribunals.
The complaint
Miss Y complains the Authority did not consider her appeal of a Penalty Charge Notice (PCN) and passed the penalty to a bailiff which has increased the charges.
Miss Y says this has caused her significant distress and financial worry.
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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Miss Y in July 2021. Miss Y says she appealed but this was refused by the Authority. She then approached the Traffic Enforcement Centre (TEC) in February 2022 and was given advice about how to appeal. Miss Y says bailiffs then attended her home in May to collect the penalty amount and costs for the PCN. She says she paid the amount in full to the bailiffs. She then approached us in May 2022.
Analysis Miss Y has a right to submit a late statutory declaration to the TEC, asking it to remove the charge certificate for the PCN. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal against it to the Authority initially and then the London Tribunals.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect Miss Y to use her right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is reasonable to expect her to appeal to the Traffic Enforcement Centre and the London Tribunals.
Investigator's decision on behalf of the Ombudsman