Summary: We will not investigate this complaint about a parking penalty because it is reasonable to expect her to approach the Traffic Enforcement Centre and the London Tribunals.

The complaint

1. Miss Y complained the Council failed to properly respond to her representations against a Penalty Charge Notice in writing as requested. Miss Y says this led to her being unable to respond to the deadline for payment before the amount increased and was passed to bailiffs.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Miss 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. She has told us that she is in the process of doing this. 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 her right of appeal to the London Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty at a reduced amount.
7. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, and as Miss y has confirmed she has begun this process having sent information to the court, it is reasonable to expect Miss Y to use this right to appeal. If she needs reasonable adjustments, she can ask both the TEC and the London Tribunals to make them to help her access its services. Therefore, we will not investigate this complaint.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman