Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and London Tribunals.

The complaint

1. Mr Y complained the Council wrongly issued a Penalty Charge Notice to him despite him not being the registered keeper or hirer of the vehicle until after the contravention occurred.
2. Mr Y says he is having sleepless nights as bailiffs are writing to him.

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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 hired a car between November 2020 and October 2021. He says the PCN the Council has issued is dated in October 20202, before he received the car and therefore does not consider himself liable for the penalty. He complained to the Council about this in July 2023. The Council said it was too late for him to appeal the PCN with it directly and referred him to his right to approach the Traffic Enforcement Centre (TEC). Mr Y then approached us.

Analysis

8. Mr Y has a right to submit a statutory declaration to the 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. 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 London Tribunals

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Investigator's decision on behalf of the Ombudsman