The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice for an alleged parking contravention. This is because it was reasonable for Mr B to make formal representations to the Council, and if needed, put in an appeal to the Traffic Penalty Tribunal.
The complaint
Mr B says the Council issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention when he was taking part in compulsory religious duty at night. Mr B says he feels he has been discriminated against due to his faith because the Council regularly ignores illegal parking in the area. Mr B would like the Council to refund the money he paid to cancel the PCN.
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 Act 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 B.
I considered the Ombudsman’s Assessment Code.
My assessment
A motorist who receives a PCN for an alleged parking contravention has two options. The motorist may pay the PCN to cancel it. Alternatively, the motorist may dispute the PCN by making representations to the Council, and if needed, by putting in an appeal to the Traffic Penalty Tribunal. Once a motorist has paid a PCN they can no longer challenge the PCN by putting in an appeal to the Traffic Penalty Tribunal.
Rather than pay this PCN, Mr B could have made formal representations to the Council and if needed, put in an appeal to the Traffic Penalty Tribunal.
This is the process set out in law to challenge a PCN. I find it was reasonable for Mr B to do this. The Tribunal is independent and in the best position to decide whether a PCN was properly issued. This includes consideration of whether there were mitigating circumstances.
Also, the process is free and relatively straightforward to use.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it was reasonable for him to use his right of appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman