Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre and then London Tribunals.

The complaint

1. Mr Y complained the Council has wrongly issued Penalty Charge Notices (PCNs) for parking contraventions despite him having changed the registration number for a business permit when he changed his vehicle. Mr Y says he has disputed the PCNs, with one challenge being accepted but another three have not been.
2. Mr Y says he has had to take time to deal with the issue and feels it is unfair he should have to pay beyond his usual permit.

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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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. After Mr Y changed his vehicle and asked the Council to update his parking permit for a new registration, the Council issued PCNs for parking contraventions. Mr Y disputes the validity of three PCNs issued to him by the Council, particularly after the Council cancelled a previous PCN he received after he had requested the change of his permit’s vehicle registration number. The Council did cancel the initial PCN, but have rejected his representation about the further PCNs.
8. 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 her representations. If it finds that it did not consider his 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.
9. 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 (TEC) once a charge certificate is issued by the Council to seek permission to appeal to the London Tribunals after the deadline.
10. 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. We will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman