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

The complaint

1. Miss X complained the Council failed to notify her of its rejection of her appeal or Order for Recovery in a timely manner, meaning the penalty increased from £65 to £515, and left her without a right to appeal.
2. Miss X says this has led to her being contacted by bailiffs unjustifiably, causing her upset and inconvenience as she has now left the country and is concerned how this may affect her credit history.

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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 X provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss X has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC) based at Northampton County Court, asking it to remove the charge certificate for the PCN. She can explain within this the reason why she has not been able to appeal previously. 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 against it to the Council initially and then the London Tribunals. Miss X can then decide ifs he wishes to appeal the PCN or pay the penalty.
8. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. The process can be completed online, so I would not consider Miss X’s relocation a barrier to her appeal. Consequently, as Miss X has not provided any other reason why she cannot, it is reasonable to expect Miss X to use his right to appeal. Therefore, we will not investigate this complaint.

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Final decision

9. We will not investigate Miss X’s complaint because it is reasonable to expect Miss X to take the matter to the Traffic Enforcement Centre and the London Tribunals

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Investigator's decision on behalf of the Ombudsman