The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice as it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.
The complaint
Mr Y complained the Authority increased the amount he was charged for a penalty without him receiving a response to his representations about the penalty. Mr Y says he is now worried about bailiffs attending his home and says he is struggling financially and feels unable to pay the increased amount.
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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y says he did not receive a response from the Authority after he made representations about the increased penalty.
Mr 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, on the basis of the lack of received response. 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, allowing it to respond to him and then the London Tribunals if he wishes to appeal further. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty at a lower amount.
This is free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, 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 Mr Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.
Investigator's decision on behalf of the Ombudsman