Summary: We will not investigate this complaint about a penalty charge notice. This is because it would have been reasonable for Mr X to use his right of appeal.

The complaint

1. Mr X complains about a penalty charge notice (PCN) issued by the Council. He says he paid for his parking and wants the Council to refund his payment to its enforcement agents, which totalled £440.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
8. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to London Tribunals.
9. If the motorist does not pay or make formal representations the council will issue a charge certificate, increasing the amount payable by 50%. It may then apply to the Traffic Enforcement Centre (TEC) at Northampton County Court to register the debt, before instructing enforcement agents (bailiffs) to recover it.
10. I have seen nothing to show Mr X has challenged the PCN with the Council, made formal representations or appealed to London Tribunals. But I consider it would have been reasonable for him to do so and I will not therefore exercise my discretion to investigate the complaint.
11. The appeals process is free and relatively easy to follow and was set up specifically to deal with disputes about the issue of PCNs. It is not for us to say whether the PCN is valid and we have no power to cancel it.

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Final decision

12. We will not investigate this complaint. This is because it would have been reasonable for Mr X to make representations to the Council and appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman