Summary: We will not investigate this complaint about Penalty Charge Notices because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre and the London Tribunals and there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Authority (TfL) has failed to accept his representations against a Penalty Charge Notice (PCN), in which he said that due to having a Debt Relief Order, he was unable to afford to pay the PCN without using small instalments. Mr Y says the issue has caused him upset and worry.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

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

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My assessment

6. Mr Y has complained that TfL has not accepted his representations. Mr Y has a right to submit a statutory declaration to the Traffic Enforcement Centre (TEC), asking it to remove the charge certificate for the PCN. Mr Y can apply to the TEC to make a late statutory declaration. If the TEC accepts Mr Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Mr Y’s right of appeal to the London Tribunals. Mr Y can then decide if he wishes to appeal the PCN at a lower amount or pay the penalty.
7. This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, as Mr Y has not provided any other reason why he cannot, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
8. Mr Y has also said the Council has failed to allow him to pay by small instalments in the initial parts of the process. Mr Y may be able to arrange a payment plan after any decision by the TEC, or the London Tribunals, or if the matter progresses to bailiffs. While Mr Y may wish to pay by instalments, it is not a requirement for TfL to accept these payments, below the amount owed. Consequently, there is not enough evidence of fault to justify investigating this complaint.

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Final decision

9. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to approach the Traffic Enforcement Centre and the London Tribunals and there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman