Summary: We will not investigate Ms X’s complaint about several Penalty Charge Notices. If not already done so, it is reasonable to expect Ms X to appeal to the Traffic Enforcement Centre and London Tribunals.

The complaint

1. Ms X complains the Council has refused to cancel several Penalty Charge Notices (PCNs) which it issued despite her having a valid parking permit. She says the matter has caused distress and financial loss. She wants the Council to cancel all the PCNs.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
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.
6. The Traffic Enforcement Centre (TEC) is part of Northampton County Court. It considers applications from local authorities to pursue payment of unpaid PCNs and from motorists to challenge local authorities’ pursuit of unpaid PCNs.

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. There is a set procedure which councils must follow when pursuing PCNs for alleged parking contraventions and handling appeals against them. If a council rejects a person’s formal representations, the person may appeal to London Tribunals.
10. If the motorist does not pay or make formal representations, the council will issue a charge certificate, increasing the amount payable by 50%. If the motorist does not pay, the council may then apply to the TEC to register the debt.
11. If the motorist does not pay or make a witness statement to the TEC, the council may apply to the TEC for a warrant instructing enforcement agents (bailiffs) to recover it.
12. We will not investigate this complaint. We cannot investigate any of the PCNs where Ms X has already used her right of appeal to London Tribunals or submitted a witness statement to the TEC. We have no power to do so.
13. For those PCNs where Ms X has not yet appealed or approached the TEC, we will also not investigate. It is reasonable for Ms X to appeal each PCN using the statutory process set out above. Depending on the stage of each PCN, she can either appeal to the London Tribunals or, if the Council has already registered the PCN with the TEC, she can submit a witness statement asking the court to take the process back to an earlier stage, reinstating her right of appeal.

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Final decision

14. We will not investigate Ms X’s complaint because if not already done so, it is reasonable for her to appeal each PCN to the Traffic Enforcement Centre and London Tribunals.

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Investigator's decision on behalf of the Ombudsman