The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and then to the London Tribunals.
The complaint
Miss Y says the Council has failed to ensure she received a Notice of Rejection for a Penalty Charge Notice she received. Miss Y says she has therefore been unable to understand why her appeal was refused and the amount has now increased.
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 has a right of appeal, reference or review 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 use this right. (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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y has a right to appeal the PCN further to the London Tribunals if she wishes.
The London Tribunals can consider how the Council dealt with her appeal, and whether it followed the correct process in considering her representations. If it finds that it did not consider her representations properly, it can then consider the issues she has raised as the reasons why the PCN is either invalid or should not be enforced.
Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. As this date has now passed, and Miss Y says she did not receive the Notice of Rejection, she may need to approach the Traffic Enforcement Centre (TEC).
The TEC, based at Northampton County Court, if it accepts a late witness statement from Miss Y, explaining why she has been unable to appeal previously, can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal against it to the Council initially and then the London Tribunals. Miss Y can then decide if she wishes to appeal the PCN or pay the penalty.
Both the TEC and the London Tribunals are free in the initial stages and can make reasonable adjustments if necessary. Documentation for both processes is available and can be submitted online. I would therefore consider it reasonable for Miss Y to use her right of appeal and we will not investigate her complaint.
Final decision
We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and then to the London Tribunals.
Investigator's decision on behalf of the Ombudsman