The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as the complainant had the right to challenge it via an appeal to the Traffic Penalty Tribunal.
The complaint
Miss X complains about a penalty charge notice (PCN) the Council issued to her for parking without a valid parking permit. Miss X explained to the Council that she had been away from home for several weeks and was unaware that the permit had expired. Miss X is unhappy that despite her having told the Council this it declined to cancel the PCN. Miss X wants a refund of the money she has paid.
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 procedure for motorists to challenge PCNs. This procedure culminates in an appeal to an independent tribunal, in this case the Traffic Penalty Tribunal (TPT). It is reasonable to expect Miss X to have followed this process and therefore we will not investigate.
Final decision
We will not investigate Miss X’s complaint because she had the right to appeal the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman