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

The complaint

1. Miss Y complains the Council wrongly issued her a Penalty Charge Notice (PCN) and then failed to respond to her appeal, which it later said was rejected. She then had to pay an increased fine as she had not paid or appealed further after her initial appeal was rejected.
2. Miss Y says this has caused her upset and worry as well as increased financial cost.

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The Ombudsman’s role and powers

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

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My assessment

6. The Council issued Miss Y with a PCN in October 2021. Miss Y appealed online later that day. However, Miss Y says she did not receive a response to her appeal until December, when the Council wrote to her to say the fine had increased by 50% to £195. Miss Y paid the fine to avoid further charges and any potential court action.
7. Miss Y complained to the Council in December and was told the letter had been sent to reject her appeal in November. The Council referred Miss Y to us in its response.

Analysis

8. Miss Y’s challenge to the PCN is a matter for the appeals process. As she did not receive a response to her original appeal, she may apply to the London Tribunals to make a late statutory declaration, explaining why she was unable to appeal or pay the fine before the amount increased.
9. If the London Tribunals accept Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating her right of appeal against it. It can also order a refund of the payment made if it sees fit to do so.
10. As Miss Y has agreed when speaking to us that she is able to appeal to the London Tribunals, I would consider it reasonable to expect her to use her right to appeal and we will therefore not investigate her complaint.

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Final decision

11. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman