Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Miss Y to approach the Traffic Enforcement Centre and the London Tribunals and it is not a good use of public resources to investigate complaint handling where we are not investigating the substantive issue.

The complaint

1. Miss Y complained the Council sent correspondence for a series of Penalty Charge Notices (PCNs) to her previous address. Miss Y also complained that the Council also sent complaint correspondence to her previous address despite having the correct and up to date address.
2. Miss Y says this mean she was unable to make representations or appeal as a result and is now experiencing financial hardship. She is seeking the opportunity to respond to the PCNs.

Back to top

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.
6. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Miss Y moved address in 2022. In 2024, the Council issued various Penalty Charge Notices (PCNs) to Miss Y’s old address, having been supplied this information by the Driver and Vehicle Licensing Agency (DVLA). Miss Y was therefore unaware of the PCNs progression until she was contacted by enforcement agents acting on the Council’s behalf.
9. Miss Y then updated her V5C document to update her address with the DVLA in March 2025. Miss Y is unhappy that although the Council had her new address from her council tax records, it sent information about the PCNs to her previous address. This included the Council’s response to her complaint about the issue. She therefore approached us.
10. Miss Y has a right to submit a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs, explaining why she has been unable to appeal earlier in the process. If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCNs and reinstating Miss Y’s right of appeal against it to the Council initially and then the London Tribunals. Miss Y can then decide if she wishes to appeal the PCNs or pay the penalties.
11. This is 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 her to use this right to appeal. Therefore, we will not investigate this complaint.
12. As we are not investigating the substantive matter, it is not a good use of public resources to investigate how the Council responded to Miss Y’s complaint, therefore we will not investigate.

Back to top

Final decision

13. We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to approach the Traffic Enforcement Centre and the London Tribunals and it is not a good use of public resources to investigate complaint handling where we are not investigating the substantive issue.

Back to top

Investigator's decision on behalf of the Ombudsman