Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN). He says the Council did not give him a 10 minute grace period and there were no signs telling him where he could park.

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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 letters the Council sent to Mr X about the PCN. I also read the tribunal decision. I considered comments Mr X made in reply to a draft of this decision.

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What I found

PCN

6. If someone disagrees with a PCN they can appeal to the tribunal. If the tribunal dismisses the appeal the person must pay the fine. If they do not pay the Council can register the debt in court and then instruct bailiffs. Bailiffs charge fees that have to be paid in addition to the fine.

What happened

7. The Council issued Mr X with a PCN for parking on the pavement. I have seen a photograph which shows Mr X’s parked motorcycle with both wheels on the path.
8. Mr X appealed to the tribunal. The tribunal rejected his appeal in July. The adjudicator said that Mr X had parked on the footway and there were no exemptions or defences that apply. The tribunal directed Mr X to pay £130 within 28 days.
9. Mr X did not pay the fine. The Council registered the debt in court and passed the debt to bailiffs in November. Mr X says he now owes £278.
10. Mr X continues to assert that the Council failed to allow him a 10 minute grace period which, he says, is offered to car drivers. Mr X also says there were no signs telling him where he could park and the road had not been properly prepared. He says there were no loading signs or yellow lines. Mr X says the Council issued a false ticket.

Assessment

11. I cannot start an investigation because Mr X appealed to the tribunal. The law says we cannot investigate any matter that has been the subject of an appeal to the tribunal. Mr X disputes the PCN but as his appeal has been dismissed by the tribunal I cannot investigate the points he has made.
12. The fine has increased due to the addition of court costs and bailiff fees. This is a reflection of what happens when a council has to take enforcement action for an unpaid PCN.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman