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 the London Tribunals.

The complaint

1. Mr Y complained the Council has wrongly issued a Penalty Charge Notice (PCN) to him and has pursued him for the penalty amount, including seeking a Charge Certificate against him.
2. Mr Y says the issue has caused him upset.

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The Ombudsman’s role and powers

3. 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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. 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 considers parking and moving traffic offence appeals for London.

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How I considered this complaint

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

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My assessment

7. The Council issued a PCN to Mr Y in May 2022. Mr Y made representations to the Council, saying he did not own the vehicle at the time the contravention occurred. Mr Y then received a letter from the Council in March 2023, which said the penalty amount had increased to £195. It also said it would register the debt at Northampton Country Court. Mr Y then approached us.

Analysis

8. As the Council has now moved to register the debt at the Traffic Enforcement Centre (TEC) based at Northampton County Court, Mr Y can now appeal to the TEC, through a statutory declaration, asking it to remove the Charge Certificate for the PCN.
9. Mr Y can apply to the TEC to make a late statutory declaration, explaining why he has not previously appealed to the London Tribunals. 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 Council initially if appropriate and then the London Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
10. If Mr Y appeals, the London Tribunals can consider how the Council dealt with Mr Y’s appeal, and whether it followed the correct process in considering his representations. If it finds that it did not consider the representations properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
11. 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.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman