The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal.
The complaint
The complainant, Ms X, complains about a Penalty Charge Notice (PCN). She wants the Council to cancel the PCN and apologise because the sign is unclear.
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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the letters relating to the PCN and a copy of the sign. I also considered our Assessment Code.
My assessment
Mrs A borrowed Ms X’s car. The Council issued a PCN because Mrs A parked in a disabled bay which was reserved for a specific person. Mrs X had displayed her blue badge and thought she could park in the bay.
Ms X, as the owner of the car, challenged the PCN. She said the sign is unclear and it was not obvious the bay was designated for a specific person.
The Council rejected her challenge but said it would consider her comments about the sign. The Council issued a Notice of Rejection which gave Ms X the chance to pay or appeal to the tribunal. The Council told Ms X how to appeal and the timeframe; it explained it would take further action if she neither paid nor appealed.
Ms X did not pay or appeal. The Council followed the correct process by registering the PCN in court and instructing bailiffs. Before the Council registered the fine in court it gave Ms X further chances to pay.
The case is now with bailiffs. Ms X continues to assert the sign is unclear.
We will not investigate this complaint because Ms X could have appealed to the tribunal. It is reasonable to expect her to appeal because the tribunal is the correct body to consider appeals about PCNs; specifically, the tribunal could have considered Ms X’s submission that the sign is unclear and, if it upheld her appeal, had the power to cancel the PCN. We do not have that power.
Ms X says she and Mrs A have been dealing with health and caring issues. But, as Ms X was able to make a formal challenge to the Council, and submit supporting evidence, it is reasonable to expect she could have used her appeal rights to the tribunal.
The case is now with bailiffs. I acknowledge this is difficult for Ms X but it reflects the correct process when someone has neither paid nor appealed to the tribunal. There is no reason for us to get involved because the Council followed the correct process and Ms X could have appealed to the tribunal.
Final decision
We will not investigate this complaint because Ms X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman