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 Miss Y to appeal to the tribunal.
The complaint
Miss Y complains the Authority issued a Penalty Charge Notice (PCN) for entering a congestion charge zone despite her being diverted by police to enter the zone. Miss Y feels frustrated and feels the charge is unfair.
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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The Authority issued a PCN to Miss Y for entering a congestion charge zone in November 2021. Miss Y received the PCN in the post in December and appealed. The Authority wrote to Miss Y to reject her appeal in January 2022. Miss Y then approached us in early February.
Miss Y says she entered the congestion zone after being directed to by police during protests in the area. She says she asks police if she would need to pay the charge and says she was told it would be waived.
Miss Y’s challenge to the PCN is a matter for the appeals process. Mrs Y can apply to the London Tribunals to make a late statutory declaration. If the tribunal accepts Miss Y’s application, it can consider her appeal.
We spoke to Miss Y during our consideration of this complaint, and she confirmed that she would be able to appeal. As it is reasonable to expect Mrs Y to use her right to appeal, we will not investigate this complaint.
Final decision
We will not investigate Miss Y’s complaint because it is reasonable to expect Miss Y to appeal to the London Tribunals.
Investigator's decision on behalf of the Ombudsman