The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as Mr X had a tribunal appeal right he could reasonably have used.
The complaint
Mr X complains the Council will not cancel a penalty charge notice (PCN) it issued to him for a parking contravention which he says did not occur. Mr X had paid the PCN and seeks a refund.
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 an appeal mechanism for motorists to challenge PCNs, culminating in an appeal to an independent tribunal; in this case, London Tribunals. It is reasonable to expect Mr X to have challenged the PCN this way and therefore, as per paragraph two, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because he had the right to appeal against the PCN and it is reasonable to expect him to have done so.
Investigator's decision on behalf of the Ombudsman