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 Council has increased its charge for a Penalty Charge Notice (PCN) for driving in the Clean Air Zone (CAZ) when she did not receive the earlier correspondence for the PCN. She also says she has been told she is no longer able to appeal the PCN with the Council. This has caused her upset and worry.
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) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y’s challenge to the PCN is a matter for the appeals process. Miss Y has a right to appeal, to the Traffic Penalty Tribunal. However, if she is outside the time frame for this, she can apply to the Traffic Enforcement Centre (TEC) to make a late witness statement. She can explain as part of her late witness statement that she did not receive the earlier correspondence and why she may have been prevented from appealing sooner.
If the TEC accepts Miss Y’s application it can take the process back to an earlier stage, reducing the amount of the PCN and reinstating Miss Y’s right of appeal against it.
This is often free in the initial stages and reasonable adjustments can be made where necessary for access to the service. Consequently, it is reasonable to expect Miss Y to use her right to appeal. Therefore, 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 tribunal.
Investigator's decision on behalf of the Ombudsman