Summary: We will not investigate Mr X’s complaint about the Council issuing him with penalty charge notices. Mr X had a right of appeal to the Traffic Penalty Tribunal for each ticket, and it would have been reasonable for him to use this.

The complaint

1. Mr X complained the Council had issued him with numerous penalty charge notices (PCNs) while he was loading outside his place of work. Mr X says that he spoke to the Council and it would not withdraw the notices. Mr X says this made him feel harassed.

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The Ombudsman’s role and powers

2. 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)
3. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council issued him with several PCNs when he had parked his vehicle, outside his place of work. Mr X says on occasions this was while he was refitting the building and was loading.
7. Mr X says he spoke to the enforcement officers, and they refused to withdraw the PCNs
8. The Council has a two-stage appeal process and Mr X has a final right to appeal to the Traffic Penalty Tribunal. It would have been reasonable for Mr X to use his right of appeal for each PCN within 28 days. There is no good reason for us to investigate this complaint instead.

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Final decision

9. We will not investigate Mr X’s complaints about the Council issuing him with penalty charge notices. Mr X had a right of appeal to the Traffic Penalty Tribunal for each ticket and it would have been reasonable for him to use this.

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Investigator's decision on behalf of the Ombudsman