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 about the matter.

The complaint

1. Mr Y complained the Council has rejected his representations against a Penalty Charge Notice.
2. Mr Y says the issue has caused him frustration.

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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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
5. London Tribunals considers parking and moving traffic offence appeals for London.
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. Mr Y has a right to appeal the PCN further to the London Tribunals if he wishes. The London Tribunals can consider how the Council dealt with his representations, and whether it followed the correct process. If it finds that it did not consider his representations properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
9. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. Mr Y may therefore need to approach the Traffic Enforcement Centre to seek permission to appeal to the London Tribunals after the deadline.
10. The London Tribunals and the Traffic Enforcement Centre is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Mr Y to use his right of appeal.
11. Further, the tribunal has the power itself to cancel the PCN if warranted. It is therefore better placed than the Ombudsman, who can only ask the Council to consider cancelling the PCN, to consider this complaint. We will therefore not investigate.

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Final decision

12. 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 about the matter.

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Investigator's decision on behalf of the Ombudsman