Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Ms Y to use her right to appeal.

The complaint

1. Ms Y complained the Council wrongly issued her with a Penalty Charge Notice (PCN), failed to send her a PCN on time and failed to issue a notice of rejection to her representation.
2. Ms Y says she found the issue upsetting and put her into financial difficulty.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

6. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. Ms Y says the Council wrongly issued a PCN to her for entering a restricted vehicle zone in November 2023. However, Ms Y says she did not receive the PCN on time. Ms Y says she submitted representations to the Council online in December but did not receive a reply or a notice to reject her representations. She was then told it was too late for her to make representations.
8. Ms Y has a right to appeal the PCN further to the London Tribunals if she wishes. The London Tribunals can consider how the Council dealt with Mrs Y’s appeal, and whether it followed the correct process in considering her representations. If it finds that it did not consider her representations properly, it can then consider the issues Ms Y has raised as the reasons why the PCN is either invalid or should not be enforced.
9. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. As Ms Y says she did not receive this, she may therefore need to approach the Traffic Enforcement Centre once a charge certificate is issued by the Council to seek permission to appeal to the London Tribunals after the deadline. However, this would be something which Ms Y may wish to approach the London Tribunals to confirm.
10. The London Tribunals is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Ms Y to use her right of appeal.

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Final decision

11. We will not investigate Ms Y’s complaint because it is reasonable to expect Ms Y to use her right to appeal.

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Investigator's decision on behalf of the Ombudsman