The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice for parking. It would be reasonable for the complainant to lodge an appeal at the Traffic Penalty Tribunal.
The complaint
Ms X says she parked both of her cars in a school zone area over a period of time. However, the Council only issued her with Penalty Charge Notices (PCN) for one of the cars and not the other.
Ms X does not understand this policy and says the Council should cancel all the PCNs issued for one car.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X has the right to appeal against the PCNs at the Traffic Penalty Tribunal.
The Traffic Penalty Tribunal is a free and easy to use service which considers disputes regarding parking offences.
Therefore, it would be reasonable for Ms X to appeal against the PCNs at the Traffic Penalty Tribunal.
Final decision
We will not investigate Ms X’s complaint because it would be reasonable for her to appeal against the Penalty Charge Notices at the Traffic Penalty Tribunal.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman