Summary: The Ombudsman will not investigate this complaint about a penalty charge notice. This is because the complainant had appeal rights which she chose not to exercise, so the Ombudsman has no power to investigate. There is evidence of fault in the Council’s handling of the appeal process, but the Ombudsman will not investigate this as there is no significant injustice to the complainant.

The complaint

1. The complainant, who I refer to here as Miss X, complained that a penalty charge notice she received was issued incorrectly.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended).
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Miss X and the Council. I also sent Miss X a draft version of this decision for her comment.

Back to top

What I found

5. Miss X told us that she had parked on a single yellow line on a Sunday on the understanding she was free to do so as there were no visible signs. She later received a penalty charge notice (PCN).
6. In its response to her informal challenge to the PCN the Council informed Miss X that she had parked within a controlled parking zone and that signs covering parking restrictions were situated at the entrance to the zone. The Council’s letter advised her of her option to pay a discount charge within 14 days, pay the full charge within 28 days or formally challenge the PCN. The Council’s letter did not advise Miss X of her right to a further appeal to an independent adjudicator.
7. Miss X paid the charge in order to take advantage of the discount. She then complained to us and asked for help in recovering the money paid.

Back to top

Assessment

8. Miss X had a right to appeal the PCN which she could reasonably have exercised. It is for the adjudicator to decide whether the PCN was incorrectly issued and whether the money Miss X paid should be refunded. We have no power to investigate this.
9. There was fault by the Council in that it did not correctly advise Miss X of her right of appeal to an independent adjudicator in the event that the Council’s formal review upheld the charge. We asked Miss X if she would like her right of appeal reinstated. Miss X did not respond to this offer.

Back to top

Final decision

10. We will not investigate the substantive part of this complaint. This is because Miss X had appeal rights which she chose not to exercise. We will not investigate a different part of the complaint because, while there was fault by the Council, there is no evidence of significant injustice to Miss X.

Back to top

Investigator's decision on behalf of the Ombudsman