The Ombudsman's final decision
Summary: We will not investigate Ms B’s complaint about a Penalty Charge Notice she received for an alleged parking contravention. This is because it was reasonable for Ms B to put in formal representations and if needed, appeal to the Traffic Penalty Tribunal.
The complaint
Ms B complains about a Penalty Charge Notice (PCN) she received for an alleged parking contravention. Ms B says this PCN was issued during a period when she had to use a hire car after her own vehicle was stolen. Ms B says the Council was wrong not to cancel this PCN and did not consider her representations fairly.
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 Act 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 Ms B.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a process set out in law for a motorist to challenge a PCN for an alleged parking contravention. This involves the motorist putting in representations to the local authority, and if needed, putting in an appeal to the Traffic Penalty Tribunal (for authorities outside London). We generally expect this process to be used.
The Council rejected Ms B’s informal representations against this PCN. Ms B then paid this PCN to cancel it.
Rather than pay this PCN, Ms B could have waited for the Council to send her a Notice to Owner. Ms B could have then put in formal representations, and if needed, appeal to the Tribunal.
I find it was reasonable for Ms B to use this process. The Tribunal is independent of the Council and in the best position to decide whether a PCN was correctly issued. The process is free and relatively straightforward to use.
So, we will not investigate this complaint.
Final decision
We will not investigate Ms B’s complaint because it was reasonable for her to put in representations, and if needed, appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman