The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal.
The complaint
The complainant, 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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the correspondence about the PCN. I also considered our Assessment Code.
My assessment
The Council issued Mr X with a PCN for parking on the pavement. Mr X challenged the fine and said he had broken down. He sent a receipt from a garage. The Council did some checks and found the garage had denied attending and found that Mr X’s statement about a breakdown was not supported by CCTV. The Council rejected the challenge and told Mr X he could pay the fine or appeal to the tribunal. The Council also told Mr X he could ask the tribunal for a late appeal if he had missed the deadline. It would be for the tribunal to decide whether to accept a late appeal.
I will not start an investigation because Mr X could have appealed to the tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider PCN appeals. The Council notified Mr X of his appeal rights and the tribunal is free to use. If appropriate, the tribunal has the power to cancel a PCN – we do not have that power.
Final decision
We will not investigate this complaint because Mr X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman