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

The complaint

1. Miss Y complained that the Council has pursued her for payment of a Penalty Charge Notice (PCN) that she has already paid. Miss y says the problem has caused her upset and worry and she has paid £65 for the PCN originally and is now expected to pay a further £500 despite having already paid the PCN.

Back to top

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.

Back to top

How I considered this complaint

5. I considered information Miss Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss Y says she has already paid the £65 for the PCN. She says she paid it to the details the Council provided. The Council says it has not received payment for the PCN and so has pursued the debt through to enforcement by bailiffs. Miss y says she has now been asked to pay more than £500 for the PCN, despite having paid it at an earlier stage.
7. Miss 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 and to potentially allow her to appeal on the basis she believes she has already paid the penalty. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN including any enforcement charges and reinstating Miss Y’s right of appeal against it to the London Tribunals. It can also order the Council to reimburse her for the costs already paid, including enforcement costs. Miss Y can then appeal to the London Tribunals to say she has already paid the PCN at an earlier stage.
8. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Miss Y has not provided any other reason why she cannot, it is reasonable to expect Miss Y to use this right to appeal. Therefore, we will not investigate this complaint.

Back to top

Final decision

9. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the Traffic Enforcement Centre and the London Tribunals.

Back to top

Investigator's decision on behalf of the Ombudsman