The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Ms Y to appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal.
The complaint
Ms Y complained the Council has pursued her to a Penalty Charge Notice (PCN) she has already paid. Ms Y says she is now being asked to pay over £400 including enforcement costs, causing her distress and worry.
The Ombudsman’s role and powers
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) 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 Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information Ms Y provided and the Ombudsman’s Assessment Code.
My assessment
Ms Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. If the TEC accepts Ms Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Ms Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. One of the grounds on which a person can appeal a PCN is that it has already been paid.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Ms Y has not provided any other reason why she cannot, it is reasonable to expect Ms Y to use this right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Ms Y’s complaint because it is reasonable to expect her to appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman