Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable for Mr Y to use his right to appeal to the Traffic Enforcement Centre and London Tribunals.

The complaint

1. Mr Y complained the Council has failed to properly respond to his representations against a Penalty Charge Notice.
2. Mr Y says bailiffs attended his property and he paid the bailiffs £514 for the penalty unfairly.

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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. 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 (previously known as the Parking and Traffic Appeals Service) 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 has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC) based at Northampton County Court, 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.
8. The London Tribunals can consider how the Council dealt with Mr Y’s representations, and whether it followed the correct process in considering them. If it finds that it did not consider the representations properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
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 for Mr Y to use his right to appeal to the Traffic Enforcement Centre and London Tribunals.

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Investigator's decision on behalf of the Ombudsman