The Ombudsman's final decision
Summary: We will not investigate this complaint about parking penalty charge notices the Council issued as the recipients of these could have appealed to the independent tribunal.
The complaint
Mr X complains about parking penalty charge notices (PCNs) the Council issued to motorists at a location where parking restrictions were not enforceable due to lack of signs. Mr X wants the Council to refund all PCNs issued at the location that have since been paid by the motorist recipients.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide it is unlikely we can add to what the Council has already said. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 law provides an appeal process by which a motorist that is issued with a PCN can appeal against it, ultimately to independent adjudicators, at, for this Council, the Traffic Penalty Tribunal (TPT). I recognise Mr X’s concerns, but we would expect any motorist wishing to challenge a PCN to have followed this appeal process and we will not therefore investigate.
Notwithstanding this, the Council has indicated it will review PCNs issued at the location and provided an email address whereby motorists that had paid their PCNs could request a review. Even if we were to investigate, it is unlikely we could add to this.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect those affected to have followed the statutory appeal process should they have wished to challenge any PCN issued to them.
Investigator's decision on behalf of the Ombudsman