The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as Miss X had the right to appeal to the independent tribunal about it.
The complaint
Miss X complained about a parking penalty charge notice (PCN) the Council issued to her. Miss X says it was unjust as the parking restriction signage where she parked was unclear. Miss X says she has been caused emotional distress and confusion and wants the PCN to be considered again.
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 has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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 a statutory appeal process for motorists to challenge PCNs, ultimately to parking adjudicators at independent tribunals, in this case, London Tribunals. An adjudicator could have considered Miss X’s case and decided whether the PCN was valid. We are not empowered to do this and are not another level of appeal.
It is reasonable therefore to expect Miss X to have made such an appeal and we will not investigate.
Final decision
We will not investigate Miss X’s complaint because it is reasonable to expect her to have appealed the PCN to London Tribunals.
Investigator's decision on behalf of the Ombudsman