The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as there is a statutory appeal process which Mr X can reasonably make use of.
The complaint
Mr X complains he was issued with a parking penalty charge notice (PCN) despite him having paid to park. Mr X says the Council’s parking app selected the wrong car park and despite him having shown that he paid to park, the Council has not cancelled the PCN. Mr X also complains the Council has failed to provide information about his case that he has requested. Mr X wants the Council to cancel the PCN.
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) We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection/access to information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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 an appeal mechanism by which Mr X can challenge the PCN, ultimately to an independent tribunal, the Traffic Penalty Tribunal (TPT). It can consider Mr X’s case and decide whether the PCN should stand. We are not another level of appeal and are not empowered to do this or to ask the Council to cancel the PCN.
It is reasonable to expect Mr X to follow the appeal process followed in law and as such, we will not investigate.
The Information Commissioner’s Office (ICO) is the UK’s independent regulator in respect of access to information and is best placed to determine whether the Council has withheld information from Mr X that he is entitled to. We are not empowered to make such decisions.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because he has the right to appeal against the PCN to the TPT and the ICO is best placed to respond to the concerns he raises about access to information.
Investigator's decision on behalf of the Ombudsman