Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, Mr X, says an unknown person has been using his details and incurred Penalty Charge Notices (PCN) all over London. He says he has never owned nor leased the car and he has reported the matter to the police. He complains the Council has not cancelled the PCN.

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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. 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. 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 Mr X and the Council. This includes a recent letter from the Council explaining Mr X’s options. I also considered our Assessment Code.

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My assessment

6. When someone receives a PCN they can either pay or appeal. There is a statutory process which involves challenging a PCN with the Council, then appealing to the tribunal. If someone neither appeals nor pays the Council will register the debt in court. The registered keeper can then apply to the court for a statutory declaration if they did not receive the PCN or did not get a reply to an appeal.
7. The Council issued Mr X with a PCN. The Council says a hire firm said Mr X had hired the car on the date the parking contravention occurred. The Council said it was too late to challenge the PCN but said he could wait for the Order for Recovery and then apply for a statutory declaration.
8. I will not start an investigation because Mr X could have followed the statutory process. Within the set timeframes, he could have challenged the PCN with the Council and then appealed to the tribunal. He could have provided evidence and information about the alleged fraud. It is reasonable to expect Mr X to appeal because the tribunal is the correct body to consider appeals about PCNs. If appropriate, the tribunal has the power to cancel a PCN – we do not have that power.
9. Alternatively, Mr X can apply to the court for a statutory declaration if he did not receive the documents to allow him to appeal. If the court grants a declaration, it does not cancel the PCN but rolls back the process.

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Final decision

10. We will not investigate this complaint because Mr X could have followed the statutory process and appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman