Summary: We will not investigate Miss B’s complaint that she was wrongly issued with a Penalty Charge Notice for an alleged road charging contravention. This is because it was reasonable for Miss B to challenge this PCN by putting in an appeal to London Tribunals.

The complaint

1. Miss B complains the Authority wrongly issued her with a Penalty Charge Notice (PCN) for an alleged road charging contravention. Miss B says she paid the required charge on the day and has provided evidence of payment, but the Authority is still pursuing this PCN.

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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 Act 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 Miss B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A motorist may pay a PCN to cancel it. Or, the motorist may follow the statutory representations and appeals process to challenge a PCN. This involves the motorist making formal representations to the authority after the authority sends a Notice to Owner. If the authority rejects these representations, the motorist may put in an appeal to London Tribunals (for authorities in London). A motorist cannot pay a PCN and use this appeal process.
8. The Tribunal is independent and has the power to cancel a PCN. The process is free to use and relatively straightforward. We generally expect motorists to use this process if they consider a PCN was wrongly issued.
9. I find it was reasonable for Miss B to challenge this PCN by following this process, and by putting in an appeal to London Tribunals. The Tribunal was in the best position to decide whether this PCN was correctly issued.
10. And, as advised by the Authority, Miss B may put in a statutory declaration to the Traffic Enforcement Centre if she was prevented from putting in an appeal because she did not receive the PCN. Or, because she did not receive a rejection notice in response to her representations. I find it is reasonable for Miss B to do this.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Miss B’s complaint because it was reasonable for her to put in an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman