London Borough of Croydon (21 016 361)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 07 Mar 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice for a moving traffic offence. This is because the complainant appealed to the tribunal.
The complaint
- The complainant, whom I refer to as Mrs X, complains about a Penalty Charge Notice (PCN). She says she appealed to the Ombudsman and did not receive a reply.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
- London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information provided by Mrs X and the Council. This includes the correspondence about the Penalty Charge Notice and the tribunal decision. I also considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.
My assessment
- The Council issued Mrs X with a PCN for making a prohibited right turn. The registered keeper of a car is liable for PCNs even if they were not driving when the contravention occurred.
- Mrs X appealed to the tribunal. She said she was not the driver and the driver denied making a prohibited turn.
- In December the tribunal dismissed the appeal. The tribunal adjudicator found that the contravention occurred. She directed Mrs X to pay £130 within 28 days.
- Mrs X did not pay the fine. The Council issued a charge certificate which increased the fine to £195. The Council warned Mrs X it may register the debt in court if she does not pay. The fine is currently £195.
- I cannot investigate this complaint because Mrs X appealed to the tribunal. The law says we cannot investigate any matter that has been appealed to the tribunal. The tribunal decided that Mrs X must pay the fine and we cannot intervene in that decision.
- We do not make decisions about PCNs because that is the role of the tribunal. Mrs X has not previously complained to us about the PCN and we had not failed to respond.
Final decision
- We cannot start an investigation because Mrs X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman