The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as there is a statutory appeal process available to Mr X that he can use to challenge it.
The complaint
Mr X complains about a parking penalty charge notice (PCN) which he considers was issued in error to him as, he says, parking was free at the time. Mr X would like the Ombudsman to investigate why the PCN was issued and for it to be cancelled.
The Ombudsman’s role and powers
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
There is an appeal procedure provided in law by which Mr X can challenge the PCN. At this point, Mr X can make formal representations to the Council against the PCN and if these are rejected, he can then appeal to the independent parking adjudicators at London Tribunals. It is reasonable to expect Mr X to follow this procedure.
We are not another level of appeal and cannot say whether the PCN should be cancelled.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal the PCN using the procedure provided in law.
Investigator's decision on behalf of the Ombudsman