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 failed to send its Notice of Rejection of his representations against a Penalty Charge Notice (PCN) to the correct address, meaning he has been unable to appeal the PCN to a tribunal. Mr Y says the issue has led to him now receiving a charge certificate which he believes has been issued unlawfully.
2. Mr Y says the issue has caused him upset and worry.

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

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My assessment

7. Mr Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN, explaining that he did not receive the correspondence from the Authority and was therefore unable to appeal sooner. 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 London Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty.
8. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, 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

9. 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