Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Miss Y to appeal.

The complaint

1. Miss Y complained the Council wrongly issued a Penalty Charge Notice (PCN) to her, causing her distress and worry about her finances.

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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 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

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

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My assessment

6. The Council issued a PCN to Miss Y for an alleged parking contravention. Miss Y disputes the contravention as she says she had paid for the parking. She says she has made representations to the Council about this, but the amount has increased. She approached us in January 2024.
7. Miss Y has a right to appeal the PCN further to the London Tribunals if she wishes. The London Tribunals can consider how the Council dealt with Miss Y’s initial representations, and whether it followed the correct process in considering them. If it finds that it did not consider her representations properly, it can then consider the issues Miss Y has raised as the reasons why the PCN is either invalid or should not be enforced.
8. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. Miss Y may therefore need to approach the Traffic Enforcement Centre once a charge certificate is issued by the Council to seek permission to appeal to the London Tribunals after the deadline. However, this would be something which Miss Y may wish to approach the London Tribunals to confirm.
9. The London Tribunals is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Miss Y to use her right of appeal. We will not investigate.

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Final decision

10. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal.

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Investigator's decision on behalf of the Ombudsman