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

The complaint

1. Mr Y complained the Council failed to respond to his representations against a Penalty Charge Notice (PCN) and then continued to pursue him for the penalty despite a lack of response.
2. Mr Y says he has paid bailiffs over £500 but feels he should not have received the PCN and has been unable to receive a response to his representations which he feels is unfair.

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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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y says he received the PCN and then made representations to the Council against the issuing of the PCN. Mr Y says he did not receive any response to his representations from the Council and only received the enforcement notices following this. He says he has since paid over £500 to bailiffs but feels this is unfair. He also says he is unwell and receiving hospital treatment.
8. Mr Y has a right to submit a late witness statement to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal against it to the Council initially and then the London Tribunals. It can also order the return of the money Mr Y has already paid to bailiffs while the process is ongoing. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty, potentially at a lower amount.
9. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. While Mr Y may be unwell, as reasonable adjustments can be made to allow Mr Y to access the service if necessary, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.

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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 then the London Tribunals.

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Investigator's decision on behalf of the Ombudsman