Summary: The Ombudsman will not investigate Mr D’s complaint about Penalty Charge Notices (PCNs) he received. It is reasonable to expect Mr D to use his right of appeal to an independent tribunal if he wants to challenge the PCNs. And the courts are better placed to decide if the Council’s policies on parking are discriminatory.

The complaint

1. The complainant, whom I shall call Mr D, complains the Council issued parking PCNs for his taxed and insured vehicle with a MOT, that is also his home. Mr D says the Council is discriminating against gypsy travellers by restricting parking as this is the only area that meets his social and welfare needs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered the information Mr D provided. I sent a draft decision to Mr D and invited comments before I made a final decision.

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What I found

7. The Ombudsman will not investigate Mr D’s complaint about the PCNs he received, because it is reasonable to expect Mr D to follow the free and straightforward appeal process Parliament has provided. The Traffic Penalty Tribunal has the power to cancel the PCNs if it considers the Council was at fault in issuing them.
8. Mr D raises wider issues about discrimination against gypsy travellers. These are matters that are better considered by the courts. Mr D could seek advice from the Equality Advisory and Support Service on 0808 800 0082 if he believes he has been treated unfairly.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because it is reasonable to expect Mr D to use his right of appeal to an independent tribunal if he wants to challenge the PCNs. And the courts are better placed to decide if the Council’s policies on parking are discriminatory.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman