Summary: The Ombudsman will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. This is because it would have been reasonable for Mr X to appeal to London Tribunals.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He is concerned that if he does not pay the PCN the Council will register a county court judgement against him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 reviewed Mr X’s complaint and the Council’s response to his representations against the PCN. I shared my draft decision with Mr X and invited his comments.

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What I found

6. The Council issued Mr X a PCN for a bus lane contravention in November 2019.
7. There is a set procedure councils must follow when pursuing PCNs for bus lane contraventions. When a council identifies a contravention it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal. For the first 14 days after the PCN the motorist may pay at a discounted rate of 50% of the full fine. Some councils will allow informal representations at this stage.
8. If the motorist does not pay the PCN or challenge it, or if their informal challenge is unsuccessful, the council will issue an enforcement notice. This provides the motorist an opportunity to make formal representations to the council against the PCN, or to pay penalty charge in full. If the Council rejects a motorist’s formal representations the motorist may appeal to the Tribunal.
9. Mr X disputes the PCN and made representations against it. But the Council rejected Mr X’s challenge and set out his options to pay or appeal. Mr X says the road markings are not sufficient to warn motorists of the bus lane and is concerned about the possibility that the PCN could affect his credit rating if it results in a county court judgement being made against him.
10. The Ombudsman will not investigate this complaint. If Mr X disputes the PCN it would be reasonable for him to appeal under the process set out above. London Tribunals is better placed to decide if the PCN is valid and if it decides it is not, it may cancel it. I have seen nothing to suggest it would not be reasonable for Mr X to appeal and I will not therefore exercise my discretion to investigate this complaint.
11. Mr X should also be aware that PCNs are pursued as civil debts so registration with the court does not result in a county court judgement and will not affect his credit rating. If however he does not pay the Council may appoint enforcement agents (bailiffs) to recover payment from him.

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Final decision

12. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mr X to appeal.

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Investigator's decision on behalf of the Ombudsman