The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about a Penalty Charge Notice. This is because she could have followed the statutory process and appealed to a tribunal. It is reasonable to expect Miss X to have followed this process.
The complaint
Miss X complains about how the Council handled a Penalty Charge Notice for driving in a bus lane. Miss X says it was sent to the wrong address so she did not have a chance to pay the charge at the reduced rate.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council issued a Penalty Charge Notice after she drove in a bus lane in 2023. She says it went to an old address, so she was not aware of the charge until 2025 by which time the debt had increased.
The Council said it sent the original Penalty Charge Notice to the address provided by the Driver and Vehicle Licensing Agency. It said it was Miss X’s responsibility to keep her address updated. In February 2025 the Council issued an Enforcement Notice which gave Miss X an opportunity to challenge the charge.
Final decision
We will not investigate Miss X’s complaint because she could have followed the statutory process and appealed to a tribunal. It is reasonable to expect Miss X to have followed this process.
Investigator's decision on behalf of the Ombudsman