Summary: We will not investigate this complaint about a Penalty Charge Notice. It is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to seek to regain their appeal rights, and then to appeal to a tribunal.

The complaint

1. Mr X complained he received a Charge Certificate relating to the Penalty Charge Notice (PCN). Mr X said he did not receive a Notice to Owner (NtO).
2. Mr X said that the stress from receiving the NTO caused him to become unwell.
3. Mr X agreed to pay the cost of the initial PCN. Mr X disputed the charges that the Charge Certificate details.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court or use 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 go to court. (Local Government Act 1974, section 26(6)(a) and (c), as amended)
6. London Tribunals considers parking and moving traffic offence appeals for London. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the PCN process back where there has been procedural fault.

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X received a Charge Certificate, but he said he did not ever receive the initial NtO to inform him he had a PCN.
10. Mr X agreed to pay the initial costs of the PCN, he disputed the higher charges set out in the Charge Certificate.
11. When a council issues a PCN the motorist has 28 days to pay the penalty charge notice, or appeal; appeals at this stage are known as informal charges. If the Council decides not to accept an informal charge, the motorist can make formal representations against the PCN. If the Council rejects the motorist’s formal representations, the motorist may appeal to London Tribunals.
12. If the motorist does not pay or make formal representations the Council will issue a Charge Certificate, increasing the amount payable by 50%. If may then apply to the TEC to register the debt, before instructing enforcement agents bailiffs to recover it.
13. Mr X said he had not received the notice to owner. Therefore, he could have contacted the TEC for advice on applying to make a late witness statement. This process allows motorists to challenge a council’s escalation of a PCN and, if successful, the TEC may order the Council to take the PCN back to an earlier stage, removing the basis for any surcharges or bailiff fees and reinstating their right of appeal against the PCN.
14. We will not investigate this complaint because it would be reasonable for Mr X to appeal using the statutory process set out above.

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Final decision

15. We will not investigate Mr X’s complaint because it is reasonable to expect Mr X to apply to the Traffic Enforcement Centre to seek to regain their appeal rights, and then to appeal to a tribunal.

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Investigator's decision on behalf of the Ombudsman