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 the London Tribunals.

The complaint

1. Miss Y complained the Council has wrongly issued a Penalty Charge Notice (PCN) and failed to properly consider her representations against the PCN.
2. Miss Y says this has caused her upset and worry about the increasing charge.

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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. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
8. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations, as Miss Y says is the case here, the motorist may appeal to the London Tribunals.
9. The London Tribunals can consider how the Council dealt with Miss Y’s representations, and whether it followed the correct process in considering them and explaining its reasons for the refusal to her. 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.
10. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. Miss Y may therefore need to approach the Traffic Enforcement Centre once a charge certificate is issued by the Council to seek permission to appeal to the London Tribunals after the deadline. However, this would be something which Miss Y may wish to approach the London Tribunals to confirm.
11. The London Tribunals is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Miss Y to use her right of appeal. We will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman