The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice issued to Mr X as it is reasonable for him to have appealed against it, following the statutory appeal process.
The complaint
Mr X complains about the Council was wrong to issue a penalty charge notice (PCN) to him for a parking contravention as he says there were no signs at the location to say there was no parking. Mr X paid the PCN after the Council rejected his appeal.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided a statutory appeal process to the parking tribunal, which we are not a part of, which Mr X could have used to challenge the PCN. It is reasonable to expect Mr X to have done this and so we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to have appealed against the PCN, using the statutory procedure open to him.
Investigator's decision on behalf of the Ombudsman