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 issued a Penalty Charge Notice (PCN) to him when his vehicle is exempt and has refused his appeal because it was late when he says he was out of the country for over 28 days, during which the PCN documentation was issued.
This has caused him inconvenience and frustration and he is unable to pay the £240 the Authority says he owes.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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) 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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information Mr Y and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Mr Y after his vehicle was driven in the congestion zone without payment. Mr Y says his vehicle is exempt from the congestion charge as he has a blue badge. Mr Y also says he was out of the country for more than 28 days when the PCN was issued by the Authority so he was unable to appeal. He says the authority has not accepted this as a reason to accept his appeal against the PCN after the deadline. Mr Y complained to the Authority, saying he was prepared if necessary to take the matter to court. He approached us in November 2022.
Analysis Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove any charge certificate for the PCN. 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 Authority initially and then the London Tribunals. Mr Y can then decide if he 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.
As Mr Y has said he is willing to take such action, and considering the ability to make reasonable adjustments, 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 him to appeal to the Traffic Enforcement Centre and then to the London Tribunals.
Investigator's decision on behalf of the Ombudsman