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

The complaint

1. Mrs Y complains the Council wrongly issued her with a Penalty Charge Notice (PCN) and then failed to properly consider her appeal. Mrs Y was then unexpectedly contacted by bailiffs demanding payment of over £500.
2. Mrs Y feels frustrated after being contacted by bailiffs and would like the money to be refunded.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. 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

6. I considered the information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. The Council issued a PCN to Mrs Y in March 2020. When she received the PCN, Mrs Y took photographs to show there were no signs to say she could not enter the road, which the Council said was a pedestrian zone. She appealed the PCN to the Council on this basis. Shortly after this Mrs Y moved house on two occasions and sold the car.
8. Bailiffs then attended Mrs Y’s mother’s property in December 2021, where Mrs Y had lived for a short time during her relocation. They demanded payment of £513, which Mrs Y paid. However, Mrs Y says she has never received a response to her original appeal, and had presumed it had been cancelled following her appeal. Mrs Y then contacted us, also in December.

Analysis

9. Mrs Y’s appeal to the Council is based on the lack of signage, telling her she could not enter a pedestrian zone in its area. Mrs 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 sooner.
10. If the London Tribunals accept Mrs 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 amount payment, including the bailiffs fees, if it sees fit to do so.
11. I have seen nothing to suggest it would not be reasonable for Mrs Y to follow the process set out above and I will not therefore exercise the Ombudsman’s discretion to investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman