The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it is reasonable to expect Mr Y to appeal to the London Tribunals.
The complaint
Mr Y complains the Authority is wrongly pursuing him for an unpaid Penalty Charge Notice (PCN) when he has already paid it.
Mr Y says he is worried about the cost the Authority says he now owes, £240, and is struggling to sleep as a result.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Mr Y for failing to pay when entering a congestion charge area without payment in Autumn 2021. Mr Y says he paid the amount owed and has provided us with a bank statement to show the payment in November 2021. Mr Y says he has told the Authority that he made the payment but is still required to pay the extra money. He approached us in January 2022.
Analysis Mr Y has a right to appeal the PCN with the London Tribunals and would be able to provide the evidence he has sent to us to the Tribunal. If Mr Y is outside the time usually provided for appeal to the London Tribunals, he can make a late statutory declaration to the tribunal, to ask to appeal. If accepted, Mr Y can then appeal, saying he paid the charge at an earlier stage.
The London Tribunals service is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. It can also often be accessed, at least initially online. Consequently, it is reasonable to expect Mr Y to use his right to appeal. Therefore, we will not investigate this complaint.
Final decision
We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman