Summary: We will not investigate this complaint about a PCN. This is because it would have been reasonable for Ms X to appeal to London Tribunals.

The complaint

1. Ms X complains the Council issued her a penalty charge notice (PCN) when she accidentally paid for parking using the wrong location code. She says the Council’s refusal to use its discretion to cancel the PCN is unfair and she is distressed by the use of enforcement agents (bailiffs) to collect payment.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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.

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How I considered this complaint

5. I considered information provided by Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Parliament has provided an appeal mechanism whereby motorists can challenge PCNs. This begins with the right to challenge a PCN and make formal representations against it to the Council and, if the Council refuses to accept them, the motorist may appeal to an independent body, in this case London Tribunals.
8. We are not an alternative appeal body and have no direct powers to cancel PCNs. I see no reason why, in this case, it would have been unreasonable for Ms X to use the appeal right provided in law. So, the restriction in paragraph 3 applies.
9. Ms X has not paid the PCN and the Council is therefore entitled to pursue her for payment, including by instructing bailiffs. In the event Ms X believes the Council has failed to follow the proper process she may be able to apply to the Traffic Enforcement Centre at Northampton County Court to make a late witness statement/statutory declaration. There are limited grounds on which a motorist can make an application; further information about this is available online and through the Traffic Enforcement Centre directly.

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Final decision

10. We will not investigate Ms X’s complaint because it would have been reasonable to expect her to appeal against the PCN to London Tribunals.

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Investigator's decision on behalf of the Ombudsman