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.
The complaint
Miss Y complained the Council failed to respond to her appeal for a Penalty Charge Notice (PCN) and has now begun to enforce the penalty. She also complained the Council failed to respond to her complaint.
Miss Y says this has caused her distress and the penalty has increased significantly.
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) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mis Y in September 2021. Miss Y appealed to the Council. The Council considered the appeal in October and November after Miss Y had contacted it to say she had not heard further after her initial appeal. The Council wrote to Miss Y to reject the appeal in October. It says a further copy was not sent when Miss Y approached it again in November and December. Miss Y says she did not receive any copy of the Council’s rejection.
The Council then obtained a Charge Certificate against Miss Y. Miss Y did not have any further contact with the Council until May 2022, when the Council wrote to her to explain that payment was still due. At this point the penalty had increased from £65 to £195. Miss Y complained to the Council but did not receive a response. She then approached us in July.
Analysis Miss Y has a right to submit a statutory declaration to the Traffic Enforcement Centre, asking it to remove the charge certificate for the PCN. Miss Y can apply to the Traffic Enforcement Centre (TEC) to make a late statutory declaration. 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 Council or to the London Tribunals as it considers appropriate. Miss Y can then decide if she 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 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.
As we are not investigating the substantive issue, it is not a good use of public resources to consider how the Council dealt with Miss Y’s complaint. 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 TEC and then to the London Tribunals.
Investigator's decision on behalf of the Ombudsman