Summary: On the evidence currently available, we will not investigate this complaint about a Penalty Charge Notice for an incorrect or non-display of a parking permit. Mr X had appealed to the Council which resulted in the Penalty Charge Notice being removed. There is no further significant injustice to Mr X which justifies an investigation.

The complaint

1. Mr X complains about receiving a Penalty Charge Notice (PCN) when he parked his car in what he thought was a disabled parking bay and had displayed his Blue Badge permit on the dashboard of his car.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. We may decide to investigate if we consider it would be unreasonable to expect the person to appeal but cannot investigate if the person has already appealed. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I considered the information Mr X provided with his complaint and the Council’s reply. Mr X had the opportunity to comment on the draft version of this decision.

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What I found

4. Mr X received a PCN under the Traffic Management Act 2004 for parking his car in a disabled parking bay. Mr X had displayed his Blue Badge on the dashboard of his car.
5. Mr X appealed to the Council immediately. The Council rejected his appeal and explained that Mr X had parked his car in a residential parking bay. Blue Badge holders can park their car in a residential parking bay for three hours and are required to display both their Blue Badge and Parking Timer Clock displaying their time of arrival. Information from the Civil Enforcement Officer who issued the PCN indicated there was no Parking Timer Clock on display.
6. The Council added it can cancel Mr X’s PCN if it was the first time a charge had been issued for incorrect or non-display of his Blue Badge and Parking Timer Clock and if Mr X could provide sufficient evidence that he is a Blue Badge Holder.
7. Mr X provided the Council with photographic evidence of the Blue Badge. The Council accepted Mr X’s appeal and cancelled the PCN.
8. Before the Council had issued its final decision of cancelling Mr X’s PCN, Mr X complained to us. He wants professionally trained wardens in his area as the Civil Enforcement Officer did not provide Mr X with their name.

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Analysis

9. It is unlikely our investigation could significantly add to the Council’s decision to cancel the PCN. Any remaining personal injustice is not significant enough to justify an investigation.

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Final decision

10. We will not investigate this complaint. This is because as the Council has cancelled the PCN there is insufficient outstanding injustice to Mr X.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman