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

The complaint

1. Ms Y complained the Council failed to response to representations she made against parking Penalty Charge Notices. She says she was later told she was too late to appeal and then bailiffs attended her home on two occasions to collect £400 each time, causing her difficulties financially and emotionally.

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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. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Ms Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs, explaining why she was unable to appeal sooner and that she paid the bailiffs under duress. If the TEC accepts Ms Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Ms Y’s right of appeal against it to the Council initially and then the Traffic Penalty Tribunal. Ms Y can then decide if he wishes to appeal the PCNs or pay the penalty. It can also order the Council to reimburse Ms Y for the penalty and enforcement agent costs if it wishes.
7. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Ms Y has not provided any other reason why he cannot, it is reasonable to expect Ms Y to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

8. We will not investigate Ms Y’s complaint because it is reasonable to expect Ms Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman