Summary: The Ombudsman cannot investigate this complaint about a Penalty Charge Notice. This is because the complainant appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, complains that he received a Penalty Charge Notice (PCN) after he was unable to pay for his parking due to a faulty payment machine. Mr X wants a £130 refund and for the Council to maintain the machines.

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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. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I read the complaint and the decision made by the tribunal. I invited Mr X to comment on a draft of this decision.

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What I found

What happened

6. Mr X parked his car and tried to pay for parking. He was unable to pay because the machine would not accept payment by cash or card, and he could not get through to pay by phone. Mr X gave up trying to pay and thought payment might have been suspended.
7. The Council issued a PCN for £130.
8. Mr X appealed to the tribunal. As part of his appeal he explained all the attempts he had made to pay. He said that as the Council had not provided a functional method of payment it was reasonable to assume the charge had been suspended.
9. The tribunal did not uphold the appeal and directed Mr X to pay £130. The tribunal adjudicator said he had regarded the mitigation and explanation from Mr X but decided both were inadequate to justify cancelling the PCN. The adjudicator said Mr X had parked unlawfully and had made the wrong decision to park without paying, even though he had made attempts to pay.
10. Mr X paid £130 but he wants a refund.

Assessment

11. I cannot start an investigation because Mr X appealed to the tribunal. The law says the Ombudsman cannot investigate any matter that has been the subject of an appeal to the tribunal. This restriction applies even though Mr X disagrees with the tribunal decision. There is no part of the complaint I can investigate.

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Final decision

12. I cannot start an investigation because Mr X appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman