Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, wants the Council to waive a Penalty Charge Notice (PCN). He says it is unjust because he had bought a ticket from the machine.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 provided by Mr X and the Council. This includes the letters the Council sent to Mr X about the PCN. I also considered our Assessment Code.

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My assessment

6. When someone gets a PCN they can either pay or appeal to the tribunal. If they take no action the Council will register the debt in court and can then instruct bailiffs. Bailiffs charge fees that must be paid in addition to the fine.
7. In July 2021 the Council issued Mr X with a PCN for parking in a bay without displaying a ticket. Mr X challenged the PCN. In response the Council upheld the PCN and said Mr X had not ensured his car registration was displayed on the ticket. The Council said it is a requirement that the driver display the car registration, date and expiry time on the ticket. The Council gave Mr X another chance to pay the fine at the reduced rate of £30 or wait for the Notice to Owner and then appeal to the tribunal.
8. Mr X neither paid nor appealed. The Council issued the Notice to Order, Charge Certificate and reminders before registering the fine in court and then instructing bailiffs. The Council sent all the letters to the correct address.
9. Mr X says the bailiffs want £404. He says the PCN is unjust because the registration did not show on the ticket even though he put the details into the machine. Mr X wants the Council to waive the fine.
10. I will not investigate this complaint because Mr X could have paid the PCN at an earlier stage or appealed to the tribunal if he did not think he had committed a parking offence. However, after the initial challenge, Mr X took no further action and the Council followed the correct process which culminated in the case being referred to bailiffs. It is reasonable to expect Mr X to have appealed because the tribunal is the appropriate body to consider appeals about PCNs. In addition, the tribunal is free to use and the Council notified Mr X of his appeal rights.

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Final decision

11. We will not investigate this complaint because Mr X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman