The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Mr Y to appeal to the London Tribunals.
The complaint
Mr Y complained the Authority has refused his appeal for a Penalty Charge Notice (PCN). He says he tried to pay the Authority’s congestion charge, but was unable to due to a computer error.
Mr Y feels the Authority is being unfair and he is unhappy he is now expected to pay a higher amount
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 information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Mr Y in May 2022 after he drove in its congestion zone without paying a daily charge. Mr Y says he tried to pay the daily charge but due to a technical issue, which he raised with the Authority, he was unable to do this.
Mr Y appealed the PCN with the Authority and says he found the amount charged for the PCN had increased when he spoke to the Authority on the telephone. The Authority did not uphold Mr Y’s appeal and referred him to his right to appeal to the London Tribunals. Mr Y then approached us in June 2022.
Analysis As explained in paragraph three, we cannot investigate a complaint when someone can appeal to a tribunal. Mr Y has a right to appeal the PCN to the London Tribunals. We have the discretion to investigate where it is not reasonable to expect a person to use this right of appeal.
An appeal to the London Tribunals is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
As Mr Y has not provided any 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 him to appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman