nalty charge notice. This is because Mr X had a right of appeal to the Traffic Penalty Tribunal which it would have been reasonable for him to use.
The complaint
Mr X complains the Council unfairly issued him with a penalty charge notice for parking in a bay for blue badge holders.
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) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council told Mr X about his right to appeal its decision to the Traffic Penalty Tribunal. The Traffic Penalty Tribunal is a free service. It is reasonable for Mr X to have used his right to appeal and therefore I will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to have used his right of appeal.
Investigator's decision on behalf of the Ombudsman