The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can use the statutory process and appeal to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN). He says the Council should cancel it because the signs are unclear. He also wants an apology and for the Council to change the signs.
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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the correspondence about the Penalty Charge Notice. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council issued a PCN for parking in a restricted area without a permit. Mr X challenged the fine and said the signs are unclear. The Council rejected his challenge and explained the signs are compliant. The Council gave Mr X another 14 days to pay the fine at the reduced rate or said he could wait to receive the Notice to Owner and then make a formal challenge. The Council explained he could appeal to the adjudicator (tribunal) if it rejected his formal challenge. The Council repeated this information on 30 September and gave Mr X another 14 days to pay at the reduced rate.
While wating for the Council to respond to his first challenge Mr X received another four PCNs for parking in the same restricted area. Mr X thought his challenge would be accepted and that the Council would cancel all PCNs.
I will not investigate this complaint because Mr X can follow the statutory process, for all the PCNs, and either pay or use the Notice to Owner to make a formal challenge. He can then appeal to the tribunal, and argue the signs are unclear, if the Council rejects his formal challenge. It is reasonable to expect him to appeal because the tribunal is the appropriate body to consider appeals about PCNs. If appropriate, the tribunal can cancel the PCNs; we do not have that power and we do not make decisions about whether a PCN was correctly issued. The Council followed the correct process by considering Mr X’s initial challenge and notifying him of his options. Mr X can now either pay or appeal.
Final decision
We will not investigate this complaint because Mr X can follow the statutory process and appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman