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

The complaint

1. Miss Y complained the Council has wrongly pursued her for four Penalty Charge Notices (PCNs) while her vehicle was parked with a permit displayed.
2. Miss Y says the issue has caused her upset, worry and distress and she has been pursued by bailiffs. She says she has already paid £290 towards the PCNs to try to avoid further escalation but she has still been pursued.

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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 and the Council provided and the Ombudsman’s Assessment Code.

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My assessment

7. While miss Y has made representations to the council about the matter, these have been rejected. However, Miss Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs. 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 Miss Y’s right of appeal against it to the London Tribunals. Miss Y can then decide if she wishes to appeal the PCN or pay the penalties. The Traffic Enforcement Centre can also order the Council to return the money already paid for the PCNs if it wishes.
8. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect her to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

9. We will not investigate Mrs Y’s complaint because it is reasonable to expect Miss Y to go to the Traffic Enforcement Centre and the London Tribunals to appeal the matter.

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Investigator's decision on behalf of the Ombudsman