Summary: We will not investigate this complaint about a parking penalty because it is reasonable to expect Mr Y to appeal.

The complaint

1. Mr Y complained the Council failed to contact him at the correct address about a Penalty Charge Notice (PCN) despite him providing the right address to it. He has since been contacted by debt enforcement agents at the correct address seeking a much higher amount.
2. Mr Y feels he has spent too much time having to deal with the matter and he should not have to pay the increased amount as he provided the Council with correct contact detail at the beginning of the process.

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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. Mr Y received a PCN in May 2022 for parking without a resident parking permit. Mr Y wrote to the Council in May to appeal and complain about the PCN, as he had renewed the resident parking permit. Mr Y says the Council the sent further correspondence about the PCN to an address Mr Y had not lived at for several years, despite him having provided his address in his appeal and complaint. Mr Y says he therefore did not receive any further information about the PCN until March 2023, when he was contacted by enforcement officers. Mr Y complained again, before approaching us after the Council rejected his complaint in May.

Analysis

8. Mr Y has a right to submit a late witness statement to the Traffic Enforcement Centre based at Northampton County Court (TEC), asking it to remove the charge certificate for the PCN. 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 and then the London Tribunals. It can also cancel the fees for the enforcement agents for Mr Y. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
9. 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

10. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal.

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Investigator's decision on behalf of the Ombudsman