Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.

The complaint

1. Mr Y complained the Authority has pursued him for a Penalty Charge Notice (PCN) when he did not receive the earlier documentation. He also complained the Authority failed to respond to his complaint.
2. Mr Y says this has caused him upset and the penalty has increase from £75 to £558.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
6. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

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

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My assessment

8. The Authority issued a PCN to Mr Y’s old address in September 2020. Mr Y had changed address in December 2019. As he had changed addresses, Mr Y did not receive the PCN documentation and was unaware he owed any penalty to the Authority. Enforcement Agents then contacted him in 2022 and clamped his vehicle. Mr Y then paid £558 for the release of his vehicle and complained to the authority. Mr Y says he did not receive a response from the Authority. He contacted us in June.

Analysis

9. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC) based at Northampton County Court, asking it to remove the charge certificate for the PCN. Mr Y can apply to the Traffic Enforcement Centre to make a late statutory declaration. If the TEC accepts 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 to the Authority initially and then the London Tribunals. The TEC can also order the Authority to return the money Mr Y has already paid to the enforcement agent in full if it wishes to. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
11. As we are not looking at the substantive complaint, it is not a good use of public resources to consider how the Authority dealt with Mr Y’s complaint. We will therefore not investigate this complaint.

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Final decision

12. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and then the London Tribunals.

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Investigator's decision on behalf of the Ombudsman