The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to provide the complainant with an opportunity to pay a parking fine at the discounted rate. This is because the complainant has a right of appeal to court which can provide her with the remedy she seeks.
The complaint
Miss X says she has not had a response from the Council to her appeal. But has now received a charge notice threatening her with bailiffs.
She says this has affected her mental health and she would like the council to respond and allow her to pay at the discounted rate.
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)
How I considered this complaint
I considered information Miss X provided and the Ombudsman’s Assessment Code.
My assessment
Parliament has laid down a detailed process allowing individuals the right to challenge receiving PCNs from the Council.
Miss X can now submit a statutory declaration to the Traffic Enforcement Centre (TEC) which is a court. If the TEC accepts Miss X’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss X’s right of appeal against it to the Council or to the London Tribunals as it considers appropriate. Miss X can then decide if she wishes to appeal the PCN or pay the penalty.
Final decision
We will not investigate Miss X’s complaint because she has a right to appeal to the TEC.
Investigator's decision on behalf of the Ombudsman