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

The complaint

1. Miss Y complained the Council has wrongly issued her with multiple Penalty Charge Notices (PCNs) for parking contraventions despite her having a business permit to park, which allows her to park in the residential bays in question.
2. Miss Y says this has meant that she has had to make representations against the PCNs, some of which have been accepted, and others have not, leading to contact for some PCNs by bailiffs, causing her upset and worry.

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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 Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y has a right to appeal the outstanding PCNs further to the London Tribunals if she wishes. She can provide evidence of the PCNs she has successfully made representations against if she wishes. The London Tribunals can consider how the Council dealt with Miss Y’s appeal, and whether it followed the correct process in considering her representations. If it finds that it did not consider her representations properly, it can then consider the issues Miss Y has raised as the reasons why the PCN is either invalid or should not be enforced.
8. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. As bailiffs have already been involved in Miss Y’s case, she will need to approach the Traffic Enforcement Centre, based at Northampton County Court, to seek permission to appeal to the London Tribunals after the deadline. This can usually be done online.
9. The London Tribunals and the Traffic Enforcement Centre are usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Miss Y to use her right of appeal. We will not investigate this complaint.

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Final decision

10. We will not investigate Miss Y ’s complaint because it is reasonable to expect Miss 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