London Borough of Havering (24 019 343)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 17 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals.
The complaint
- Mr Y complained the Council has wrongly pursued him for a Penalty Charge Notice (PCN) despite not provided him with a response to his appeal. This led to Mr Y being contacted by bailiffs and he paid £205 for the PCN he wanted to appeal.
The Ombudsman’s role and powers
- 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)
- 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)
- London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN on the basis he did not get a response to his appeal to the Council.
- 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 order the Council to refund the penalty Mr Y has already paid, including any enforcement fees. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
- 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.
Final decision
- We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals.
Investigator's decision on behalf of the Ombudsman