The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable for Mr Y to be expected to approach the Traffic Enforcement Centre.
The complaint
Mr Y complained the Council has not provided him with a written paper copy of its Notice of Rejection to his representations against a Penalty Charge Notice. He says it has instead provided him with a PIN to access the details and then go to the Tribunal. Mr Y says he is unable to use this and is not now able to appeal, causing him upset and worry.
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) 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 Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
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. He can explain in this the problems he has been facing and how this has prevented him from appealing previously. 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 Council initially, if it considers this necessary, and then the Traffic Penalty Tribunal. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
This is free in the initial stages and reasonable adjustments can be made where necessary for access to the service.
Consequently, as Mr Y has not provided any other reason why he cannot, 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 for Mr Y to be expected to approach the Traffic Enforcement Centre
Investigator's decision on behalf of the Ombudsman