The Ombudsman's final decision
Summary: We will not investigate this complaint about two Penalty Charge Notices. This is because the complainant could have appealed to the tribunal.
The complaint
The complainant, whom I refer to as Ms X, complains about two Penalty Charge Notices (PCN).
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the letters the Council sent about the PCNs. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
The Council issued PCNs in August and September for entering the clean air zone without paying the charge. Ms X challenged one PCN and said she had paid the charge. For the other PCN Ms X said the signs were unclear.
In response the Council explained that Ms X had paid for 2 and 5 August but she did not pay to enter the zone on 3 August. For the other PCN the Council provided details of the signage. For both PCNs the Council gave Ms X the option to pay or appeal to the tribunal.
Ms X has neither paid nor appealed. The Council has registered one PCN in court. If Ms X does not pay the Council could instruct bailiffs. The Council may register the other PCN in court.
I will not investigate this complaint because Ms X could have appealed to the tribunal regarding both PCNs. She could have appealed and submitted that the signage is inadequate or appealed and said she had paid the charge for 3 August. It is reasonable to expect Ms X to have appealed because the tribunal is the appropriate body to consider PCN disputes. The tribunal could have decided if the signage is adequate or if Ms X paid the charge for 3 August. In addition, the tribunal is free to use and the Council notified Ms X of her appeal rights.
Final decision
I will not investigate this complaint because Ms X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman