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

The complaint

1. Mr Y complained bailiffs acting on behalf of the Council have tried to enforce a penalty payment, despite him having made an appeal against the Penalty Charge Notice (PCN) which he says he should not have been issued.
2. Mr Y says the issue has caused him upset and worry.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr Y is unhappy that he has been visited by bailiffs acting on behalf of the Council despite him raising a complaint to the Council about the PCN and making representations to the Council about the PCN. The Council is only able to enforce a penalty debt, through bailiffs, where it has sought an Order for enforcement and a charge certificate from the Traffic Enforcement Centre.
8. Mr Y can submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN to stop enforcement action against him. 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 London Tribunals.
9. Mr Y can then decide if he wishes to appeal the PCN further or pay the penalty. He can do this even if he has paid the bailiffs under duress. If he then choses to appeal, the London Tribunals can consider the circumstances of the PCN and whether it should be enforced or not.
10. 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.

Back to top

Final decision

11. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the Traffic Enforcement Centre and the London Tribunals about the matter.

Back to top

Investigator's decision on behalf of the Ombudsman