Summary: We will not investigate this complaint about Penalty Charge Notice. This is because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre.

The complaint

1. Mr Y complains the Authority has not allowed him to pay a Penalty Charge Notice (PCN) at a discounted amount after he did not receive the first letter about the PCN. Mr Y says this means he has missed the opportunity to pay the fine at a lower amount.

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The Ombudsman’s role and powers

2. 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)
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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. The Authority issued a PCN to Mr Y in July 2021 after he drove through its congestion charge zone without making payment. Mr Y says he did not receive the PCN and therefore missed to opportunity to pay the penalty at a lower rate. The Authority says the penalty then increased to £240 as Mr Y was yet to make payment after 28 days. It then registered the debt with the Traffic Enforcement Centre, which is part of Northampton County Court.
7. Mr Y then wrote to the Authority in December, explaining that he had been out of the country since October. Consequently, he had only become aware of the amount owed on his return. He also said he had not received the initial letter for the PCN and asked the Council to enter arbitration with him to resolve the issue.
8. Enforcement agents acting on behalf of the Council then wrote to Mr Y in February 2022, providing Mr Y with a notice of enforcement. It said Mr Y had to pay the penalty, which had now increased to £324, or the matter would be passed to bailiffs for recovery. Mr Y then approached us in March 2022.

Analysis

9. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre, asking it to remove the charge certificate for the PCN. Mr Y can apply to the Traffic Enforcement Centre (TEC) to make a late statutory declaration.
10. 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 and then the London Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
11. This is often 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.

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Final decision

12. We will not investigate Mr Y’s complaint because it is reasonable to expect him to appeal to the Traffic Enforcement Centre.

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Investigator's decision on behalf of the Ombudsman