The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can appeal to the Traffic Penalty Tribunal.
The complaint
The complainant, whom I refer to as Mr X, wants the Council to cancel a Penalty Charge Notice (PCN) because he says the signs were inadequate and not obvious. He says he would not have parked at that location if the restriction had been properly signed.
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 Mr X. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
The Council issued Mr X with a PCN. Mr X challenged the fine. In response the Council said he had parked in a location where parking is not permitted. The Council also said there were many prominent signs indicating the restriction. The Council did not cancel the PCN. The Council told Mr X he had until 7 September to pay at the discounted rate of £35. The Council explained that after that date the full fine of £70 is due. The Council said Mr X should wait for the Notice to Owner if he wanted to formally challenge the fine. The Council said he could appeal to the tribunal if his formal challenge was rejected.
I will not investigate this complaint because Mr X can either pay the fine or challenge the PCN using the Notice to Owner and then appeal to the tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider disputes about PCNs. The tribunal can consider Mr X’s assertion that the restriction was not properly signed. If appropriate, the tribunal has the power to cancel the PCN – we do not have that power. In addition, the Council has explained Mr X’s options and appeal rights.
Final decision
We will not investigate this complaint because Mr X can appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman