The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have followed the statutory process and appealed to the tribunal.
The complaint
The complainant, Ms X, wants the Council to waive a Penalty Charge Notice (PCN).
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. I also considered our Assessment Code.
My assessment
The Council issued Ms X with a PCN for parking on double yellow lines.
Ms X challenged the fine and said she had to park to collect some life-saving medication that she had forgotten to take to work. Ms X says there was nowhere else to park.
The Council rejected Ms X’s challenge and said the yellow lines are enforced at all times and she should have found alternative parking. The Council offered Ms X another chance to pay the PCN at the discounted rate or said she could wait for Notice to Owner (NTO) and make a formal challenge.
I will not start an investigation because Ms X could waited for the NTO and followed the statutory process. She could have used the NTO to lodge a formal challenge and then appealed to the tribunal if the Council rejected the formal challenge. It is reasonable to expect Ms X to do this because it is the process set up by parliament to facilitate PCNs disputes and the tribunal is the correct organisation to decide if a PCN has been issued correctly or should be cancelled.
We are not an appeal body and have no power to waive or cancel a PCN.
Final decision
We will not investigate this complaint because Ms X could have followed the statutory process and appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman