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

The complaint

1. Miss Y complained the Council has wrongly issued a Penalty Charge Notice (PCN) to her and has altered its reasoning for refusing her representations. She is also unhappy that she did not receive a Notice of Rejection of her representations from the Council.
2. Miss Y says this caused her worry and upset.

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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 has a right of appeal, reference or review 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 use this right. (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 Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y disputes the validity of the PCN and says it has been wrongly issued. While her representations were rejected by the Council, Miss Y has a right to appeal the PCN further to the London Tribunals if she wishes. The London Tribunals can consider how the Council dealt with Miss Y’s appeal, and whether it followed the correct process in considering her representations. If it finds that it did not consider her representations properly, it can then consider the issues Miss Y has raised as the reasons why the PCN is either invalid or should not be enforced.
8. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. As Miss Y did not receive this, she will need to approach the Traffic Enforcement Centre, based at Northampton County Court to submit a late witness statement, asking it to remove the charge certificate for the PCN.
9. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal to the London Tribunals.
10. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect Miss Y to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

11. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and then to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman