The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN). He does not think the Council had the right to issue it.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone can appeal 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 appeal. (Local Government Act 1974, section 26(6)(a), as amended) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the correspondence about the PCN. I also considered our Assessment Code.
My assessment
If someone disagrees with a PCN they can appeal to the tribunal.
The Council issued Mr X with a PCN for a moving traffic offence. Mr X challenged the fine. The Council rejected his challenge but gave him another chance to pay at the reduced rate of £65. Alternatively the Council said he could pay at the full rate of £130 or appeal to the tribunal.
Mr X neither paid nor appealed. The Council issued a Charge Certificate which increased the fine to £195. Mr X still did not pay so the Council registered the debt in court. The fine is now £204. If Mr X continues not to pay the Council could instruct bailiffs. Bailiffs charge additional fees.
I will not investigate this complaint because Mr X could have appealed to the tribunal. It is reasonable to expect Mr X to have appealed because the tribunal is the appropriate body to consider appeals about PCNs. If the tribunal upheld the appeal it would have cancelled the PCN – we do not have that power. In addition, the Council notified Mr X of his appeal rights and provided an appeal code.
Final decision
We will not investigate Mr X’s complaint because he could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman