London Borough of Harrow (23 000 477)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 15 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a penalty charge notice as there is a procedure in law available to the complainant to challenge it.
The complaint
- Mr X disputes a penalty charge notice (PCN) for a parking contravention and complains he has been unable to appeal against it as he says the Council has not sent him the necessary documents for him to do this.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s initial representation against the PCN was rejected by the Council. In its rejection letter, the Council explained a formal appeal would be possible after a notice to owner was issued to the vehicle owner. While Mr X was driving the vehicle at the time of the alleged contravention, the vehicle is owned by Mr X's mother, Mrs Y. The Council says it sent the notice to owner to Mrs Y in February 2023 and the document was not returned to it as undelivered.
- The PCN was issued under the Traffic Management Act 2004 which requires all statutory notices about a PCN to be sent to the registered keeper. As such, the notice to owner was sent to Mrs Y and not Mr X.
- Regulations relating to the enforcement of PCNs allow further challenges to be made if something has gone wrong in the enforcement procedure. Once the Council sends an Order for Recovery to Mrs Y, then she, or Mr X, acting on her behalf, can make a witness statement to the court at the Traffic Enforcement Centre (TEC) on the grounds that they did not receive a notice to owner. If the witness statement is accepted by the TEC, the enforcement of the PCN will be set back to the stage where an appeal can be made.
- As this is the procedure provided in law to address the circumstances that Mr X describes, it is reasonable to expect him/Mrs Y to follow it to challenge the PCN. As such, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because there is a procedure provided by law by which Mr X/Mrs Y can challenge the PCN and it is reasonable to expect them to do this.
Investigator's decision on behalf of the Ombudsman