Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre about the matter.

The complaint

1. Mr Y complained that the Council has continued to pursue him for a Penalty Charge Notice (PCN) that he has already paid.
2. Mr Y says he is still being contacted by enforcement agents about the issue despite having paid the PCN previously, causing him frustration.

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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 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 witness statement to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. He may need to explain that he has not previously appealed the PCN because he has paid 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 Authority initially and then the London Tribunals. It can also remove any enforcement charges which may have been added if it wishes. One of the grounds to appeal is that the PCN has already been paid and Mr Y can present evidence of this to both the TEC and the London Tribunals.
8. 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

9. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre about the matter.

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Investigator's decision on behalf of the Ombudsman