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 Mrs Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.
The complaint
Mrs Y complained the Council incorrectly issued her with a Penalty Charge Notice (PCN) in 2020.
Mrs Y says she appealed but did not receive a response and her car was later clamped, causing her inconvenience. She says she has evidence to show an error was made in registering her address with the DVLA which meant she did not receive the Council’s correspondence. However, she says the Council has not accepted this and has failed to refund her the money, over £400, she paid to have her car released.
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 Mrs Y and the Council provided and considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN to Mrs Y in 2020. Mrs Y says she appealed but did not receive a response from the Council. She says she had no further contact about the PCN until bailiffs visited her home and clamped her car in 2021. Mrs Y says she paid over £400 to have the clamp removed, following which she complained to the Council.
Mrs Y says she provided evidence to the Council that the correspondence had not been received as her address was incorrectly recorded on the DVLA’s records. Mrs Y says the Council has not accepted this evidence. She then approached us in August 2022.
Analysis Mrs Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. If the TEC accepts Mrs Y’s application it can take the process back to an earlier stage, reinstating Mrs Y’s right of appeal to the London Tribunals. The TEC also has the power to order the Council to refund and reduce the penalty amount, including any enforcement charges. Mrs 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 Mrs Y has not provided any other reason why she cannot, it is reasonable to expect Mrs Y to use this right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mrs Y’s complaint because it is reasonable to expect Mrs Y to use her right of appeal to the Traffic Enforcement Centre and then the London Tribunals.
Investigator's decision on behalf of the Ombudsman