Birmingham City Council (21 015 622)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 21 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about two Penalty Charge Notices. This is because the complainant could have appealed to the tribunal.
The complaint
- The complainant, whom I refer to as Ms X, complains about two Penalty Charge Notices (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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (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 X and the Council. This includes the letters the Council sent about the PCNs. I also considered the Ombudsman’s Assessment Code and invited Ms X to comment on a draft of this decision.
My assessment
- The Council issued PCNs in August and September for entering the clean air zone without paying the charge. Ms X challenged one PCN and said she had paid the charge. For the other PCN Ms X said the signs were unclear.
- In response the Council explained that Ms X had paid for 2 and 5 August but she did not pay to enter the zone on 3 August. For the other PCN the Council provided details of the signage. For both PCNs the Council gave Ms X the option to pay or appeal to the tribunal.
- Ms X has neither paid nor appealed. The Council has registered one PCN in court. If Ms X does not pay the Council could instruct bailiffs. The Council may register the other PCN in court.
- I will not investigate this complaint because Ms X could have appealed to the tribunal regarding both PCNs. She could have appealed and submitted that the signage is inadequate or appealed and said she had paid the charge for 3 August. It is reasonable to expect Ms X to have appealed because the tribunal is the appropriate body to consider PCN disputes. The tribunal could have decided if the signage is adequate or if Ms X paid the charge for 3 August. In addition, the tribunal is free to use and the Council notified Ms X of her appeal rights.
Final decision
- I will not investigate this complaint because Ms X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman