The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice for a parking contravention as Mr X had the right to appeal against it to an independent tribunal.
The complaint
Mr X complains the Council was wrong to issue him with a penalty charge notice (PCN) for parking when he displayed his contractor’s parking permit that he had purchased from the Council. Mr X wants a refund of the money he has paid for the PCN, the permit and compensation for the impact this has had on him.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided an appeal process to challenge PCNs, culminating in an appeal to an independent tribunal, in this case, the Traffic Penalty Tribunal (TPT). If Mr X considers the contravention did not occur, due to him having a permit to park, then it is reasonable to expect him to have appealed to the TPT. As per paragraph two, we should not therefore investigate. That Mr X chose to pay the PCN does not impact on this view.
The Council has explained how it has interpreted the terms and conditions of its permit scheme. That Mr X disagrees, does not provide grounds for us to investigate. Ultimately, it is up to Mr X to decide whether the permit meets his needs or not and if not, he has the choice not to renew it.
Final decision
We will not investigate Mr X’s complaint because Mr X could reasonably have appealed to the TPT against the PCN. It had the power to decide if the PCN was valid or if it should have been cancelled. We are not an appeal body and are not able to make these decisions.
Investigator's decision on behalf of the Ombudsman