The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice and rules around loading bays as Mr X had the right to appeal the notice to, and raise these issues with, the Traffic Penalty Tribunal.
The complaint
Mr X complains the Council issued him with a penalty charge notice (PCN) for using a loading bay. Mr X complains the signage at the location is misleading. Mr X wants a refund of the PCN, an apology and for the Council to make the rules clear.
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
Parliament has provided an appeal mechanism to independent adjudicators at the Traffic Penalty Tribunal (TPT) which Mr X could have used to challenge the PCN issued to him and to receive an expert view on whether the signage at the location is misleading. We are not another level of appeal and cannot cancel the PCN.
For these reasons, it is reasonable to expect Mr X to have appealed to the TPT and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman