The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as it is reasonable to expect Mr X to have appealed against it to the independent parking tribunal.
The complaint
Mr X complains about having received a penalty charge notice (PCN) for parking on yellow lines which he says were not visible. Mr X paid the fine but now 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 which Mr X could have used to challenge the PCN. This would have culminated in an appeal to an independent adjudicator at London Tribunals.
It is reasonable to expect Mr X to have made such an appeal, and therefore, as per paragraph two, we will not investigate. That Mr X chose to pay the fine rather than appeal does not impact upon this decision.
Final decision
We will not investigate Mr X’s complaint because he had a right of appeal against the PCN, and it is reasonable to expect him to have used it.
Investigator's decision on behalf of the Ombudsman