The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals.
The complaint
Mr Y complained the Authority wrote to him at the wrong address after he notified it of his new address. This led to several Penalty Charge Notices (PCNs) being progressed to enforcement with increased costs. In total these costs with the penalties amount to over £10,000.
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Between November 2021 and February 2022, the Authority issued 32 PCNs to Mr Y for driving in the Ultra-Low Emission Zone, without a compliant vehicle. The correspondence was sent to an address Mr Y no longer lived at. This was because when Mr Y moved house in June 2021, he did not update his details with the DVLA.
This delayed Mr Y receiving the correspondence and the PCNs progressed. Mr Y says he contacted the Authority in February by telephone and wrote to it to explain why he had not responded to the PCNs earlier.
The Authority says it responded to Mr Y in March. Mr Y says he did not receive any further contact as the response letter was sent to his old address. He then received nine notices of enforcement in August. He then complained to the Authority and then contacted us.
Analysis Mr Y 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 Mr Y’s applications it can take the process back to an earlier stage, reducing the amount of the PCNs and reinstating Mr Y’s right of appeal against them to the Authority initially and then the London Tribunals. Mr Y can then decide if he wishes to appeal the PCNs or pay the penalties.
This is free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
While Mr Y may need to do this for 32 PCNs, the facts will be the same for each of the PCNs so will be relatively simple to complete. Further, he has suggested a suitable appointment at his local County Court will now have become available, this is no longer a barrier to his appeal.
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 to the Traffic Enforcement Centre and the London Tribunals.
Investigator's decision on behalf of the Ombudsman