Summary: We cannot investigate this complaint about a Penalty Charge Notice. This is because the complainant appealed to the tribunal and complained to the court.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) that was issued in 2020. He says the signage was inadequate. He also says he appealed to the tribunal and heard nothing back and had to pay £513 to bailiffs. Mr X wants a refund and says he should have been able to pay the fine at the original rate.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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 provided by Mr X and the Council. This includes the tribunal decision, court decision and correspondence with Mr X and his MP. I also considered our Assessment Code.

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My assessment

7. When someone receives a PCN they can pay or appeal. If they pay promptly and do not appeal they can pay at the discounted rate. If the person does not pay or successfully appeal councils can register the debt in court and then instruct bailiffs. Bailiffs charge fees which must be paid in addition to the PCN.
8. In 2020 the Council issued a PCN. The fine was £130 although this was reduced to £65 if paid within 14 days.
9. Mr X appealed to the tribunal. The tribunal dismissed his appeal in September 2020 and directed Mr X to pay £130 within 28 days. Mr X says he did not get the decision.
10. The Council issued further letters in 2020 warning Mr X it would take further action if he did not pay. Mr X did not pay so the Council registered the fine in court and involved bailiffs. Mr X paid £513 to bailiffs in March 2021.
11. In April 2021 Mr X applied to the court for a witness statement and said he did not receive the tribunal decision or the subsequent letters from the Council about non-payment. The court dismissed his application.
12. Mr X challenged the tribunal decision. The tribunal rejected his application for a review.
13. I cannot investigate the PCN because Mr X appealed to the tribunal. The law says we cannot investigate any issue that has been the subject of the appeal to the tribunal. This restriction applies even though Mr X continues to dispute the PCN. The tribunal directed that the full fine of £130 was payable; the discounted rate was not available because Mr X appealed. Mr X did not pay the fine so the Council was able to register the debt in court and instruct bailiffs. I appreciate Mr X had to pay £513 but this correctly reflects the charges which are applied when a PCN is collected by bailiffs.
14. Mr X says he did not get the tribunal decision. But, the decision was issued by the tribunal, not the Council, so it not an issue I can investigate. In addition, Mr X made this point to the court as part of his application for a witness statement and the court dismissed the application. I cannot comment on any issue that has been considered by the court.

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Final decision

15. We cannot investigate this complaint because Mr X appealed to the tribunal and because some aspects of the complaint have been considered in court.

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Investigator's decision on behalf of the Ombudsman