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.

The complaint

1. Miss Y complained the Council has failed to respond to her representations against several Penalty Charge Notices (PCNs). She also says it wrongly progressed the matter to bailiffs, despite Miss Y telling the Council she no longer owned the vehicle.
2. Miss Y says the issue has caused her and her family distress.

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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 Miss Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y has complained about a lack of response from the Council to several representations she has made against PCNs issued to a vehicle she no longer owns. Miss Y is unhappy the Council has progressed the PCNs to the enforcement stage involving bailiffs. She says she has updated her details with the DVLA and has provided details of the company she sold her vehicle with but has continued to receive correspondence.
8. Miss Y can make a late statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate and enforcement order for the PCNs. She will need to explain why she has not previously appealed the PCNs to the London Tribunals and why she believes the TEC should reinstate her appeal rights. She can do this even where she may have paid bailiffs under duress.
9. If the TEC accepts Miss Y’s application it can rewind the process, reducing the amount of the PCN and reinstating her right of appeal against it to the Council initially and then the London Tribunals. She can also ask the TEC to order the Council to return any money already paid, for example to bailiffs including their fees, to Miss Y. This is at the court’s discretion. Miss Y can then decide if she wishes to appeal the PCNs or pay the penalty.
10. 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 her to use this right to appeal. Therefore, we will not investigate this complaint.

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Final decision

11. 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.

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Investigator's decision on behalf of the Ombudsman