Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect Mrs Y to appeal to the London Tribunals.

The complaint

1. Mrs Y complains the Council has wrongly issued her with a Penalty Charge Notice (PCN) while she was following a road works diversion. She says she has tried to challenge the PCN but has not received a proper response from the Council. She has now received and order for recovery of the charge owed.
2. Mrs Y says she is now unsure how to proceed and is concerned about the charges increasing. She is also frustrated as she feels her case has not been heard or considered.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued a PCN to Mrs Y in April 2021. Mrs Y says she emailed the Council to explain she was following a roadworks diversion from the nearby motorway when the PCN was incurred and asked for evidence of the contravention.
7. Mrs Y says she did not receive a response but continued to receive further charges letters. Mrs Y says she emailed the Council each time asking for it to call her. She says she was eventually able to speak to someone and told her it would be investigating and not to worry.
8. Mrs Y says she has now received an order for recovery of the unpaid PCN. She says she has tried to ask the Council to call her again but has been unable to speak to anyone. She is now concerned about the increasing costs and so approached us in February 2022.

Analysis

9. Mrs Y has a right to appeal the PCN to the London Tribunals, who deal with parking and moving traffic offence appeals for London. As there is now an order for the recovery of the charges, Mrs Y may need to make a late statutory declaration to the London Tribunals to explain why she has not previously appealed the PCN. The London Tribunals can then consider her reasons and any evidence she may wish to provide and decide how to proceed.
10. If the tribunal accepts Mrs Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mrs Y’s right of appeal against it either to the Council or to the tribunal itself. This can include removing any charges for enforcement of the PCN.
11. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service and access to the necessary forms is often available online. Consequently, it is reasonable to expect Mrs Y to use her right to appeal. Therefore, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs Y’s complaint because it is reasonable to expect Mrs Y’s to appeal to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman