The Ombudsman's final decision
Summary: We cannot investigate this complaint about the amount of a Penalty Charge Notice after the complainant lost his appeal with the tribunal. This is because the law says we cannot investigate any matter that has been considered by the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains the Council did not freeze a Penalty Charge Notice (PCN) at the discounted rate while he appealed to the tribunal. Mr X says the Council is trying to scare people into not appealing.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (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 provided by Mr X. This includes the tribunal decision. I also considered our Assessment Code.
My assessment
The law says the Council must accept payment at the discounted rate for a PCN for a moving traffic offence if payment is made within 14 days. Thereafter the full amount is due. This is the legislation and not a Council policy.
The Council issued a PCN for a moving traffic offence. The fine was £130. Mr X challenged the PCN. The Council rejected his challenge and gave him another 14 days to pay at the reduced rate of £65.
Mr X appealed to the tribunal. The tribunal dismissed his appeal and said he must pay £130 within 28 days. The tribunal said if he did not pay the Council could issue a Charge Certificate which would increase the fine by a further 50%. The tribunal adjudicator, in the decision, explained why Mr X had to pay £130 and said that once the discount period has expired the full charge is due, including when an appeal is made to the tribunal.
Mr X complained to the Council about being asked to pay £130. In response the Council said that none of the documents said the fine would be frozen and the Notice of Rejection gave the date the discounted rate would expire.
The law says we cannot investigate any matter that has been considered by the tribunal. The tribunal considered the amount that was due, as part of its decision, and explained why Mr X must pay £130. Further, the tribunal decided Mr X must pay £130 and we cannot question that decision.
This is not, as Mr X suggests, a council policy but reflects the legislation. In addition, there is information on the Council’s website that explains the full amount will be due if someone appeals. The legislation offers a discount to people who pay promptly and do not appeal to the tribunal. There is no mechanism for the discount rate to be frozen while someone appeals to the tribunal.
Final decision
We cannot investigate this complaint because the complainant appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman