Summary: We will not investigate this complaint about the Council’s refusal to transfer liability for, or cancel, a penalty charge notice. This is because it would have been reasonable for Mr X to appeal to London Tribunals.

The complaint

1. Mr X complains the Council refused to transfer liability for a penalty charge notice (PCN) to a third party despite him providing evidence to show the third party had hired the vehicle from him at the time of the alleged contravention. The Council rejected Mr X’s representations against the PCN and escalated the case, which is currently with its enforcement agents. He says this caused him stress, lack of sleep and time.

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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 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)
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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. The dispute over whether Mr X is liable for the PCN is a matter for the appeals process. The Council provided Mr X with details of how to appeal in its ‘notice of rejection’ and Mr X has stated his willingness to challenge the PCN with an independent body. I am therefore satisfied it would therefore have been reasonable for him to appeal to London Tribunals at the time.
7. Because Mr X did not appeal and has not paid the PCN the Council was entitled to escalate the case in accordance with the statutory process and there is no basis for us to direct it to recall the case from the enforcement agents, cancel the PCN or pay him compensation.

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Final decision

8. We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman