Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal. In addition, the Authority will consider late evidence from the complainant.

The complaint

1. The complainant, whom I refer to as Mr X, says the Authority should cancel a Penalty Charge Notice (PCN) because his car registration was cloned and he is a victim of crime.

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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 read the complaint and the letters the Authority sent to Mr X about the PCN. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Penalty Charge Notice

6. If someone disputes a PCN they can appeal to the tribunal. If they neither pay nor appeal the Authority will take further enforcement action and may eventually register the fine in court and instruct bailiffs. The fine increases as the enforcement action escalates.

What happened

7. Mr X’s car registration was cloned last year. He reported the crime to the police, and to DVLA; other fines have been cancelled.
8. The Authority issued Mr X with a PCN for a moving traffic offence. Mr X challenged the fine on the grounds that the PCN related to another vehicle using his cloned plates. The Authority asked for more information.
9. The information Mr X supplied was not enough for the Authority to cancel the fine. For example, although he submitted GPS information about where his car was at the time of the offence, the Authority says this did not include reference to the licence plate. In addition, the Authority says it has not received the photographs that Mr X says he submitted.
10. The Authority issued a Notice of Rejection in October. The Notice told Mr X he had 28 days to appeal to the tribunal.
11. Mr X did not appeal but he sent another email in November explaining the circumstances. The Authority still did not think there were grounds to cancel the PCN.
12. The Authority issued a Charge Certificate in December. It then registered the fine in court and issued an Order for Recovery which increased the fine to £203.
13. It is now too late for Mr X to appeal. But, the Authority says it will consider late representations from him if he provides all the information it previously asked for. The Authority has suspended recovery action to give Mr X a chance to send further evidence.

Assessment

14. I will not start an investigation because Mr X could have appealed to the tribunal after he got the Notice of Rejection in October. It is reasonable to expect him to have appealed because the tribunal is the appropriate body to consider Mr X’s assertion that he is not liable for the fine because his car registration has been cloned. If the tribunal upheld Mr X’s appeal it would have directed the Authority to cancel the PCN. We do not have that power.
15. Mr X could ask for a late appeal; the tribunal would decide whether to accept a late appeal.
16. Alternatively, Mr X could submit further evidence to the Authority which it will consider as late representations. Specifically, the Authority needs photographs which show Mr X’s car is different to the car shown on the PCN and GPS information which is linked to Mr X’s car. Mr X has sent photographs to me but it is not my role to decide if the PCN should be cancelled.

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Final decision

17. I will not start an because Mr X could have appealed to the tribunal. In addition, the Authority will consider further evidence from Mr X.

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Investigator's decision on behalf of the Ombudsman