The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as Mr X could reasonably have appealed against it, ultimately to the Traffic Penalty Tribunal.
The complaint
Mr X complains the Council has not shown compassion in how it considered his representations about a penalty charge notice (PCN) he received for a parking contravention. Mr X wants the Council to cancel the PCN and apologise for the stress he has suffered.
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
Mr X paid the PCN after the Council rejected his initial representations against it. Parliament has provided an appeal process which Mr X could have followed to challenge the PCN, ultimately to the independent tribunal, the Traffic Penalty Tribunal (TPT). It is reasonable to expect Mr X to have used this appeal route, and as per paragraph two, we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed against the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman