Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Mr Y to use his right to appeal to the Traffic Enforcement Centre and then the London Tribunals.

The complaint

1. Mr Y complained the Council wrongly issued a Penalty Charge Notice (PCN) to him after signage explaining restrictions was obstructed from view. Mr Y also says his representations to the council against the PCN have been rejected but he has not been provided with the reasons why.
2. Mr Y feels the Council is being deliberately evasive, making him feel upset and angry. He feels taken advantage of during a cost-of-living crisis.

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The Ombudsman’s role and powers

3. 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)
4. 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)
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 Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

7. The London Tribunals can consider how the Council dealt with Mr Y’s appeal, and whether it followed the correct process in considering his representations, including whether it provided proper reasons for the rejection. If it finds that it did not consider the representations properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
8. Usually, a person must make an appeal to the tribunal within 28 days of a Notice of Rejection to representations being issued. Mr Y may therefore need to approach the Traffic Enforcement Centre (TEC) based at Northampton County Court to seek permission to appeal to the London Tribunals after the deadline, explaining his reasons for not having appealed earlier. However, this would be something which Mr Y may wish to approach the London Tribunals to confirm.
9. The London Tribunals is usually free in the initial stages and can make reasonable adjustments if necessary. I would therefore consider it reasonable for Mr Y to use this right of appeal. Consequently, we will not investigate his complaint.

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Final decision

10. We will not investigate Mr Y’s complaint because it is reasonable to expect Mr Y to use his right to appeal to the Traffic Enforcement Centre and then the London Tribunals.

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Investigator's decision on behalf of the Ombudsman