Summary: We will not investigate Mr X’s complaint about the enforcement of multiple Penalty Charge Notices for alleged parking or traffic contraventions. It was reasonable to expect Mr X to use his appeal rights. We will also not investigate Mr X’s complaints that the Council failed to take account of its duties under the Equality Act. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s enforcement of multiple Penalty Charge Notices (PCNs) for alleged parking or traffic contraventions.
2. He also complains the Council failed to apply reasonable adjustments under the Equality Act 2010.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. 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. If the person has already appealed we have no power to investigate. (Local Government Act 1974, section 26(6)(a), as amended)
5. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.
6. We cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

7. I considered information from the complainant and the Ombudsman’s Assessment Code.

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My assessment

8. Mr X has received multiple PCNs. He did not pay or appeal them and so the Council passed then to an enforcement agency (EA).
9. Mr X informed the EA that he had autism and anxiety and asked for all communication to be in writing as a reasonable adjustment. The EA declined this but said it would strive to use writing where reasonable to do so.
10. We will not investigate this complaint because it was reasonable to expect Mr X to use his appeal rights. During the appeal process Mr X could have raised any mitigating factors as part of his defense.
11. The Council and EA took account of its duties under the Equality Act in its dealings with Mr X. Therefore, we will not investigate because there is not enough evidence of fault to justify an investigation.

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Final decision

12. We will not investigate this complaint because it was reasonable to expect Mr X to apply to the Traffic Enforcement Centre to regain his appeal rights and he may then appeal if the TEC agrees. We are also unlikely to find the Council at fault for failing to take account of its duties under the Equality Act.

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Investigator's decision on behalf of the Ombudsman