Summary: We will not investigate this complaint about a moving traffic penalty 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 unfairly pursued him for a Penalty Charge Notice (PCN). Mr Y says this has caused him worry and an increased fine from £95 to over £500.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. The Traffic Enforcement Centre (TEC) is part of Northampton County Court and allows local authorities to pursue payment of Penalty Charge Notices (PCNs) when they remain unpaid. The TEC can also process all out of time late witness statements and statutory declarations and has the power to reinstate rights of appeal for both parking and moving traffic offence appeals for all areas of England, including 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 says he received the PCN from the Council in February 2023. He says he was later contacted by bailiffs. He feels it is unfair that the Council has pursued him for the PCN and says it is involved in corruption and are pursuing him wrongly. We contacted the Council about the complaint, however it said it would not consider this as part of the complaints process and referred to the statutory appeals process for PCNs, as it felt this was the correct process for Mr Y to follow.

Analysis

8. Mr Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (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 Authority initially and then the London Tribunals. 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 to the Traffic Enforcement Centre and the London Tribunals

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Investigator's decision on behalf of the Ombudsman