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

The complaint

1. Mr Y complains the Authority increased the level of fine he had to pay for two Penalty Charge Notices (PCNs) when he did not receive the earlier letters or notices about the PCNs.
2. Mr Y says he feels harassed by enforcement officers acting on behalf of the Authority and that the amount he now must pay for the PCNs is disproportionately high.

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

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My assessment

6. The Authority issued two PCNs to Mr Y for entering the Ultra-Low Emission Zone (ULEZ). Mr Y says this was a mistake and he was unaware of the PCNs until he was contacted by enforcement agents acting on behalf of the Authority. He says he was asked to pay the fines, amounting to £881. Mr Y says he paid the amount, but other enforcement agents have contacted him requesting a further £646 for the same contraventions. He considers this unfair as he did not receive the earlier correspondence for the PCNs.

Analysis

7. Mr Y has a right to appeal to the London Tribunals. Although he has paid the initial PCN fines, he can still try to challenge to the PCNs through the appeals process. To do this Mr Y can apply to the London Tribunals to make a late statutory declaration, explaining why he did not appeal or pay the fines sooner. In this case because he says he did not receive the earlier documentation.
8. If the London Tribunals accept 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. It can also ask the Authority to remove any costs of enforcement for the PCNs and refund the payments already made. It can also stop any further enforcement of the PCNs if it wishes while Mr Y appeals.
9. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman