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

The complaint

1. Mr Y complains the Council has failed to properly consider his representations against a Penalty Charge Notice (PCN) before escalating the matter to the enforcement stage and passing the debt to enforcement agents, despite his poor mental health. Mr Y is also unhappy with the charges increasing because of enforcement agents becoming involved in the matter.
2. Mr Y says the issue has caused his distress and worry and feels the PCN has been wrongly issued.

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

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How I considered this complaint

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

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My assessment

7. Mr Y has a right to appeal the PCN to the London Tribunals if he wishes. The London Tribunals can consider how the Council dealt with Mr Y’s representations, and whether it followed the correct process in considering them. If it finds that it did not consider his 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.
8. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. Mr Y may therefore need to approach the Traffic Enforcement Centre once a charge certificate is issued by the Council to seek permission to appeal to the London Tribunals after the deadline. However, this would be something which Mr Y may wish to approach the London Tribunals to confirm.
9. The London Tribunals is free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Mr Y to use his right of appeal.
10. 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 can also put the process back to an earlier stage and cancel any charges already made by enforcement agents. 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

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

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Investigator's decision on behalf of the Ombudsman