The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X can make an appeal to the Traffic Penalty Tribunal.
The complaint
Mr X complains the Council wrongly issued him with a penalty charge notice (PCN) for a parking contravention as he was unloading. Mr X wants the PCN to be cancelled.
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)
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 independent adjudicators at the Traffic Penalty Tribunal (TPT). It is reasonable to expect Mr X to follow the appeal process provided in law. We are not another level of appeal and are not empowered to cancel PCNs.
For these reasons, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because he has the right to appeal the PCN to the TPT and it is reasonable to expect him to do so.
Investigator's decision on behalf of the Ombudsman