The Ombudsman's final decision
Summary: We will not investigate Miss C’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Miss C to put in formal representations to the Council, and if needed, appeal to London Tribunals.
The complaint
Miss C complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged parking contravention. Miss C says this PCN was issued at a time when parking restrictions were not in force. Miss C would like the Council to cancel this 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 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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Miss C.
I considered the Ombudsman’s Assessment Code.
My assessment
A motorist may pay a PCN to cancel it. Or, the motorist may follow the statutory representations and appeals process to challenge a PCN. This involves the motorist making formal representations to the local authority. If the local authority rejects these representations, the motorist may put in an appeal to London Tribunals (for authorities in London).
The Tribunal is independent and has the power to cancel a PCN. The process is free to use and relatively straightforward. We generally expect motorists to use this process if they consider a PCN was wrongly issued.
The Council has rejected Miss C’s informal representations against this PCN. Once the Council sends Miss C a Notice to Owner she may challenge this PCN further by putting in formal representations. If the Council again rejects Miss C’s representations, she may put in an appeal to London Tribunals.
I find it is reasonable for Miss C to do this and the Tribunal is in the best position to decide if this PCN was properly issued by the Council.
So, we will not investigate this complaint.
Final decision
We will not investigate Miss C’s complaint because it is reasonable for her to put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman