Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complainant could have appealed to the tribunal. In addition, there is insufficient evidence of fault by the Council and we cannot achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a Penalty Charge Notice (PCN). She says the machine was faulty so she could not buy a ticket. She says the appeals process is unfair because the Council increases the fine if people escalate their appeal. Ms X says the Council implied she has lied.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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.

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How I considered this complaint

5. I read the complaint and the letters the Council sent to Ms X about the PCN. I invited Ms X to comment on a draft of this decision.

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What I found

Penalty Charge Notice

6. The system for challenging a PCN is controlled by national legislative set by parliament; it is not a Council policy and the Council cannot change it.
7. If someone wishes to dispute a PCN they can make an informal challenge. Alternatively, they have 14 days to pay the fine at a discounted rate of 50%. If they do not pay, or the Council rejects the informal challenge, the full amount becomes payable and the Council sends a Notice to Owner. If the person thinks the Council should not have issued the fine they can use the Notice to Owner to make a formal challenge. If the Council accepts the challenge it cancels the PCN. If not, then it issues a Notice of Rejection. The owner can use the Notice of Rejection to appeal to the tribunal.

What happened

8. The Council issued a PCN because Ms X had parked without displaying a parking ticket. The fine was £50. Ms X challenged the PCN and said she had left a note saying she had been unable to display a ticket because the ticket machine was not working.
9. The Council rejected her challenge. It said there was no evidence of a problem with the machine and other people had successfully obtained tickets throughout the day. The Council gave Ms X another 14 days to pay at the discounted rate of £25. Or, it said she could wait for the Notice to Owner and, if that further challenge was rejected, appeal to the tribunal. The Council said the discounted rate was only available for another 14 days. It explained it would close the case if she paid £25.
10. Ms X paid £25 and continued to correspond with the Council. Ms X maintains the machine was not working and that the appeals process is unfair. In response, the Council explained that Ms X should follow the statutory process rather than complain. It repeated there was no evidence the machine was faulty and that 88 people, before and after Ms X’s attempt to use the machine, had purchased tickets. It said Ms X could have appealed rather than choosing to pay.

Assessment

11. I will not start an investigation because Ms X could have appealed to the tribunal. Rather than paying the fine at the discounted rate, Ms X could have waited for the Notice to Owner and then appealed to the tribunal. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider disputes about PCNs. The tribunal would have considered Ms X’s assertion that she could not buy a ticket because the machine was not working.
12. I also will not start an investigation because there is insufficient evidence of fault by the Council. The Council sent all the documents it was required to send and clearly explained Ms X’s options and appeal rights. It did not imply Ms X lied but said it had no evidence the machine was faulty. Ms X could have pressed this point further by appealing to the tribunal.
13. Finally, Ms X wants us to review the appeals system. This is not something we can do because the system was created by parliament and neither we, nor the Council, can change it. Ms X would need to contact her MP if she thinks the system should be changed.

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Final decision

14. I will not start an investigation because there is insufficient evidence of fault by the Council, Ms X could have appealed to the tribunal and because we cannot achieve the outcome Ms X would like.

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Investigator's decision on behalf of the Ombudsman