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

The complaint

1. Mr Y complained the Council sent correspondence to a previous address about a Penalty Charge Notice, meaning he was unable to pay the PCN at a lower level before being contacted by enforcement agents.
2. Mr Y says this has caused him upset, worry and financial difficulties.

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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 provided and the Ombudsman’s Assessment Code.

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My assessment

7. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN, explaining why he has been unable to appeal previously. 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 Council initially and then the London Tribunals. Mr Y can then decide if he wishes to appeal the PCN or pay the penalty at the lower amount.
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 approach the Traffic Enforcement Centre and the London Tribunals.

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Investigator's decision on behalf of the Ombudsman