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 and the London Tribunals about the matter.

The complaint

1. Mr Y complained the Council has wrongly issued a Penalty Charge Notice (PCN) to him and has failed to consider his representations against the PCN before a charge certificate was issued, thus increasing the level of the penalty.
2. Mr Y says this has caused him inconvenience, upset and frustration, as well as the penalty amount being increased, in his view, unfairly.

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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)

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How I considered this complaint

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

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My assessment

6. Mr Y has a right to appeal the PCN further to the London Tribunals if he wishes. The London Tribunals can consider how the Council dealt with Mr Y’s appeal, and whether it followed the correct process in considering his representations. If it finds that it did not consider the representations properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
7. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. Mr Y may therefore need to approach the Traffic Enforcement Centre, based at Northampton County Court. to seek permission to appeal to the London Tribunals after the deadline.
8. The London Tribunals is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Mr Y to use this right of appeal.
9. Further, the tribunal has been set up for the purpose of considering the type of issues Mr Y has raised and has the power itself to cancel the PCN if warranted. It is therefore better placed than the Ombudsman, who can only ask the Council to consider cancelling the PCN, to consider this complaint. We will therefore not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman