The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about a Penalty Charge Notice he received for a parking contravention. This is because it was reasonable for Mr B to put in an appeal to the Traffic Penalty Tribunal.
The complaint
Mr B complains the Council issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mr B says the Council has not displayed adequate signs in this location which means it is not clear to motorists how to comply with the parking payment requirements. Mr B says this has caused him a year of stress and he would like the Council to improve the signs.
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 a parking contravention has two options. The motorist may pay the PCN to cancel it. Or, the motorist may challenge the PCN by making formal representations, and if needed, putting in an appeal to the Traffic Penalty Tribunal (for authorities outside London).
It is the role of the tribunal, not the Ombudsman, to decide disputes about whether a PCN was correctly issued. This includes deciding whether signage in a particular location is sufficient.
Rather than pay this PCN, I find it was reasonable for Mr B to put in an appeal to the Traffic Penalty Tribunal. The tribunal had the power to decide the issue Mr B complains about and cancel this PCN.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman