The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices. This is because Mr Y can reasonably be expected to use his right of appeal to the Traffic Enforcement Centre and the London Tribunals.
The complaint
Mr Y complained the Council issued three Penalty Charge Notices (PCNs) for the same instance of parking. He says this has been upsetting and frustrating as he was in an interview with the parking company at the time.
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 and the Council provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y parked in a loading bay in May 2022. He says the Council issued three PCNs while he was in a job interview which overran. He made informal representations to the Council in June, which the Council rejected. The Council then sought a charge certificate for each of the PCNs and registered the debt at the Traffic Enforcement Centre (TEC). Mr Y approached us in September.
Analysis Mr Y has a right to submit a late witness statement declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against it to the Council initially and then the London Tribunals. Mr Y can then decide if he 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 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 he can reasonably be expected to use his right of appeal to the Traffic Enforcement Centre and the London Tribunals.
Investigator's decision on behalf of the Ombudsman