The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice because he could have appealed to the Traffic Penalty Tribunal.
The complaint
Mr X complains about 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) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued Mr X a penalty charge notice for parking in a car park for longer than he paid for. Mr X appealed the charge because he said the delay was beyond his control. The Council considered his representation and rejected it. It informed Mr X of his appeal rights. The tribunal is independent and free to use. It can cancel a penalty charge notice. The Ombudsman does not have that power.
Final decision
We will not investigate Mr X’s complaint because Mr X could have appealed to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman