The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notice because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and the London Tribunals.
The complaint
Miss Y complained the Council has failed to properly respond to her representations against a Penalty Charge Notice (PCN). Miss Y says this has led to worry and upset for her and she is concerned she will be contacted by bailiffs, despite her attempt to appeal.
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 submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN, explaining that she has not previously appealed as she did not receive a response to her representations and has not received a Notice of Rejection from the Council. If the TEC accepts Miss Y’s application it 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, so that it can provide her with a response and then, if necessary, appeal to the London Tribunals.
The London Tribunals can consider how the Council dealt with Miss Y’s 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 Miss Y has raised as the reasons why the PCN is either invalid or should not be enforced.
The London Tribunals is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Miss Y to use her right of appeal. We will therefore not investigate.
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 the London Tribunals.
Investigator's decision on behalf of the Ombudsman