Summary: We will not exercise discretion to investigate this complaint about a penalty charge notice as it is reasonable to expect Mr Y to apply to the Traffic Enforcement Centre to reinstate his right of appeal.

The complaint

1. Mr Y complains the Council failed to acknowledge his appeal of a penalty charge notice (PCN) for a traffic contravention. He says the Council then rejected his appeal, without explaining its reasons which Mr Y did not receive until after the deadline to pay the fine at a reduced amount. He complains the Council then charged him the full amount for the fine.
2. Mr Y says this caused him upset and paying the fine was financially difficult.

Back to top

The Ombudsman’s role and powers

3. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
4. 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)

Back to top

How I considered this complaint

5. I considered the information provided about this complaint. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

6. The Council issued a PCN for Mr Y’s vehicle making a right turn, where there were no-right turn signs in place in August 2020.
7. There is a set procedure which councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
8. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If a council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal.
9. If the motorist does not pay or make formal representations the council will issue a charge certificate, increasing the amount payable by 50%. It may then apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to register the debt, before instructing bailiffs to recover it.
10. Mr Y’s challenge to the PCN is a matter for the appeals process. He says the signs were not placed in a suitable location to alert drivers to the no right turn. Mr Y may therefore apply to the Traffic Enforcement Centre (TEC) to make a late witness statement. 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.
11. I have seen nothing to suggest it would not be reasonable for Mr Y to follow the process set out above and I will not therefore exercise the Ombudsman’s discretion to investigate this complaint.

Back to top

Final decision

12. We will not exercise discretion to investigate this complaint about a penalty charge notice as it is reasonable to expect Mr Y to apply to the Traffic Enforcement Centre to reinstate his right of appeal.

Back to top

Investigator's decision on behalf of the Ombudsman