Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal.

The complaint

1. The complainant, Ms X, complains about a Penalty Charge Notice (PCN) and says the Council will not let her pay at the discounted rate or in instalments.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the correspondence about the PCN and the tribunal decision. I also considered our Assessment Code.

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My assessment

6. The Council issued a PCN for driving through a bus gate and entering a street that was restricted to certain vehicles. The fine was £130 but could be paid at the discounted rate of £65 within 14 days.
7. Ms X did not pay but appealed to the tribunal. The tribunal rejected her appeal and directed she must pay £130 within 28 days. Ms X did not pay so the Council issued a Charge Certificate which increased the fine to £195.
8. Ms X contacted the Council and said she now realised she had made a mistake when driving. She asked to pay £65 in instalments. She explained she is on a low income.
9. The Council said it was too late to challenge the fine but it reverted the PCN to £130 for 14 days.
10. The Council rang Ms X and explained it does not accept payment in instalments but said it had given her another chance to pay £130. A few days later Ms X paid £130 and the Council closed case.
11. I cannot start an investigation because the law says we cannot investigate any issue that has been the subject of an appeal to the tribunal. The tribunal directed that Ms X must pay £130 within 28 days; the discounted rate is only available to people who pay promptly and do not appeal. There are no grounds on which we could ask the Council to reduce the fine to the discounted rate.
12. Ms X did not pay within the time frame stated by the tribunal so the Council was entitled to increase the PCN to £195. The Council did not agree to Ms X’s request to pay in instalments but it did reduce the fine to £130.
13. I appreciate Ms X may have found it hard to pay £130 and she did nothing wrong by using her appeal rights. But, as she appealed to the tribunal, and the Council followed the correct process, we cannot intervene.

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Final decision

14. We cannot investigate this complaint because Ms X appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman