The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and the London Tribunals.
The complaint
Miss Y complained the Authority incorrectly issued 17 Penalty Charge Notices (PCNs) to her when her mechanic was driving her vehicle. Miss Y says she also did not receive any of the correspondence about the PCNs and was unaware of them until she was contacted by bailiffs.
Miss Y says she has been caused upset and worry.
The Ombudsman’s role and powers
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) 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 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 17 PCNs for Miss Y’s vehicle for driving in the Ultra-Low Emission Zone without a compliant vehicle. Miss Y says the vehicle was being driven by a mechanic from her local garage who was doing repairs. She says she did not receive the correspondence for any of the PCNs and only became aware of the PCNs when contacted by bailiffs in the summer of 2022.
Miss Y contacted the Authority and asked the bailiffs to put collection of the debt on hold. She says her local MP has also contacted the Authority to request a hold on enforcement action. Miss Y has already begun the process to appeal to the Traffic Enforcement Centre based at Northampton County Court (TEC) for one of the PCNs. She contacted us in August.
Analysis As Miss Y is aware, she has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCNs, reinstate her right of appeal against it to the Authority initially and then the London Tribunals. It can also order the Authority to refund any amount already paid, including bailiff costs if it wishes. Miss Y can then decide if she wishes to appeal the PCNs or pay the penalties.
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