Summary: Mr X complained on behalf of Mr Y the Council used the wrong date for the start of the period to challenge a Penalty Charge Notice by making formal representations. Mr X says this meant the Council would not accept any representations made by Mr Y as it said he was too late. We have found fault in the Council’s actions for failing to allow Mr Y’s representations. The Council has agreed to apologise to Mr Y, allow him to make representations to appeal the Notice, repay him the £205 he paid and make service improvements.

The complaint

1. Mr X complained on behalf of Mr Y the Council used the wrong date for the start of the period to challenge a Penalty Charge Notice by making formal representations.
2. Mr X says this meant the Council would not accept any representations made by Mr Y as it said he was too late.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council were invited to comment on my draft decision. I have considered any comments before making a final decision.

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What I found

7. If a motorist breaks moving traffic rules, they might receive a fine. This fine is called a Penalty Charge Notice (PCN).
8. The authority will send the notice to the person who appears to own the vehicle (usually the registered keeper) by post. The notice will show the fine amount and how to appeal.
9. The motorist has 28 days to pay the fine or ‘make representations’ against it.
10. The fine is usually halved if it is paid within 14 days in London or within 21 days outside London.

London Local Authorities and Transport for London Act 2003

11. Schedule one, Penalty Charge Notices etc. Under paragraph four says:

1 (1) Where it appears to a person on whom a penalty charge notice has been served under section 4 (Penalty charges for road traffic contraventions) of this Act (in this Schedule referred to as “the recipient”) that one of the grounds mentioned in sub-paragraph (4) below is satisfied, he may make representations to that effect to the enforcing authority.

(2) Any representations under this paragraph must be made in such form as may be specified by the enforcing authority, acting through the Joint Committee (within the meaning subsection (16) of the said section 4.

(3) The enforcing authority may disregard any such representations which are received by them after the end of the period of 28 days beginning with the date on which the penalty charge notice in question is served.

Interpretation Act 1978 – Section 7

12. The Interpretation Act 1978 says:

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

London Tribunal cases

13. A PCN can be appealed to the London Tribunal.
14. Mr X has provided an example case from the London Tribunal where it has been deemed the date of service is the on the second working day after posting.

What happened

15. The Council issued a PCN to Mr Y following an alleged traffic contravention. The notice is dated 14 November 2024. The notice states representations may be made before the end of the period of 28 days beginning with the day on which the notice was served.
16. The Council issued a Charge Certificate on 13 December 2024.
17. Mr Y tried to provide his representations on 15 December 2024. However, the Council’s website said the period to contest the PCN had expired. The amount Mr Y had to pay had increased to £195.
18. Mr Y emailed the Council on 17 December 2024 and said the deemed date of service for the PCN he received should be the 18 November 2024. Mr Y said the Council had issued a Charge Certificate prematurely. Mr Y asked the Council to cancel the Charge Certificate and allow him to make representations to appeal the PCN.
19. Mr Y raised a complaint on 24 December 2024 and told the Council he thought it had prematurely issued a Charge Certificate for the PCN. Mr Y asked the Council to cancel this and allow him to submit his representations.
20. Mr Y emailed the Council again on 27 December 2024 and provided details of a case about the premature issuing of a Charge Certificate.
21. The Council emailed Mr Y on 31 December 2024 and told him to wait for an Order of Recovery. The Council told Mr Y to complete the Statutory Declaration enclosed with the details of grounds which applied to his situation to appeal.
22. The Council issued a complaint response on 14 January 2025 and told Mr Y to follow the instructions issued to him at the end of December. The Council also said there had been no premature issuance of the Charge Certificate. The Council said this was because it had posted the PCN on 14 November 2024 and issued the Charge Certificate on 13 December 2024. The Council said it did not uphold Mr Y’s complaint.
23. Mr Y sent a further complaint to the Council on 14 January 2025 and said the parking team had stated he did not receive the PCN, but this was wrong. Mr Y said he had advised the parking team he had received the PCN but could not make representations during the period allowed as the Council had incorrectly issued a Charge Certificate.
24. The Council issued a stage two response on 16 January 2025. It said the PCN was issued on 13 November 2024 and printed on 14 November 2024 and Mr Y had 28 days to make any representations. The Council said it issued the Charge Certificate on 13 December 2024 at which point Mr Y was past the point he could make representations.
25. An Order for Recovery was issued on 31 January 2025 for £205. Mr Y paid this amount on 25 February 2025 to avoid any further action or costs.

Analysis

26. The PCN issued by the Council dated 14 November 2024 says Mr Y may make representations before the end of the period of 28 days beginning with the day on which the notice was served. The notice does not contain a date of service.
27. The London Local Authorities and Transport for London Act 2003 says the enforcing authority may disregard any representations which are received by it after the end of the period of 28 days beginning with the date on which the penalty charge notice in question is served. But again, does not define the date on which something is served.
28. The Interpretation Act 1978 provides a definition for the date on which a notice is served. This says the date of service is deemed to be effected at the time at which the letter would be delivered in the ordinary course of post.
29. While the example provided by Mr X is not binding precedent it does demonstrate how the London Tribunal have approached the question of service. This being deemed as date of posting plus two working days.
30. The Council says it posted the PCN on 14 November 2024. Two working days after this date would be 18 November 2024. This would mean Mr Y had until 16 December 2024 to make representations. The Council did not allow Mr Y to provide representations on 15 December 2024 which is fault. This has caused Mr Y distress and inconvenience. Mr Y has also had to pay a fee of £205 which he may not have had to pay had the Council allowed him to make representations.
31. The Council has failed to provide a clear date for representations to be received. The information provided on the notice is open to ambiguity and has caused Mr Y confusion which has led to him being unable to provide representations in time.
32. In response to our investigation, the Council has said it will review and update its ‘grace day’ policy to allow four additional days before its system prevents the submission of representations.

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Action

33. Within four weeks of a final decision the Council should:

• Write to Mr Y and apologise for the faults and distress and inconvenience identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Repay Mr Y the £205 he paid in relation to the PCN.
• Write to Mr Y and invite him to provide representations in relation to the PCN. The Council should then review any representations and make a decision as to whether these are accepted or not and advise Mr Y.

34. Within three months of a final decision the Council should:

• Review its procedure in relation to the date up until which representations can be provided to ensure it is in line with legislation and provide evidence it has done so.

35. The Council should provide us with evidence it has complied with the above actions.

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Decision

36. I find fault causing injustice.

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Investigator's decision on behalf of the Ombudsman