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

The complaint

1. Mr Y complained the Council has wrongly pursued him for a Penalty Charge Notice (PCN), having failed to respond to his representations against the PCN, causing Mr Y inconvenience and frustration.

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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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y made representations to the Council against a PCN. The Council asked him to send it further evidence relating to his representations, which Mr Y says he provided. Mr Y says he has not received a further response from the Council, but has now been sent a charge certificate, which registers the debit with the Traffic Enforcement Centre (TEC), based at Northampton County Court.
7. 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 representations, and whether it followed the correct process in considering them. 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 invalid.
8. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. In this case, as this was not received by Mr Y, he will need to approach the TEC to ask it to revoke the charge certificate and reinstate his rights to appeal to the London Tribunals. He can do this through a late witness statement. He will need to explain why he has previously been unable to appeal within the usual timeframe.
9. The London Tribunals and the Traffic Enforcement Centre are both free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Mr Y to use his right of appeal. Therefore, we will 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 appeal to the Traffic Enforcement Centre and the London Tribunals.

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Investigator's decision on behalf of the Ombudsman