Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect him to go to court and to the tribunal about the matter.

The complaint

1. Mr y complained the Council has wrongly issued and pursued several Penalty Charge notices (PCNs) to him for a car which he did not own at the time the contraventions occurred. He has also complained at the Council’s lack of response to his correspondence and representations against the PCNs.
2. Mr Y says this has caused upset and inconvenience and he has had to spend a significant amount of time dealing with the issue.

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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. 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))
6. London Tribunals considers parking and moving traffic offence appeals for London.

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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 complained about being issued PCNs by the council which he says he is not responsible for as he did not own the car at the time the contraventions were incurred. Many, but not all, of the PCNs have now reached the enforcement stage. Mr Y is unhappy with the lack of response he says he has received to his correspondence and representations against the various PCNs to the Council.
9. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificates for the PCNs which have reached this stage. He would need to enter representations to the Council for PCNs which have not yet reached this point in the process.
10. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCNs 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 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 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.
12. Further, the London Tribunals can consider how the Council dealt with his representations, and whether it followed the correct process in considering them. If it finds that it did not consider the 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.
13. Further, the tribunal has been set up for the purpose of considering the type of issues Mr Y has raised and 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

14. We will not investigate Mr Y’s complaint because it is reasonable to expect him to go to court and to the tribunal about the matter.

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Investigator's decision on behalf of the Ombudsman