Summary: We will not investigate this complaint about a penalty charge notice for a parking contravention as Mrs X had the right to appeal to an independent tribunal about it. The case is therefore not now within our legal remit.

The complaint

1. Mrs X complains about being issued with a penalty charge notice (PCN) despite her having displayed her blue badge. Mrs X complains the Council has enforced the unpaid PCN and has involved its enforcement agents, resulting in an increased cost of the PCN and extra charges.

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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. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Background and my assessment

5. The Council responded to Mrs X’s challenge against the PCN, advising that parking charges still apply for blue badge holders in its car parks. It advised Mrs X of her right to appeal to an independent parking adjudicator at the Traffic Penalty Tribunal (TPT). Mrs X did not do this and so the PCN progressed along the enforcement procedure set out in law.
6. The PCN was issued under the Traffic Management Act 2004 and this provides a statutory appeal process. It is reasonable to expect Mrs X to have challenged the PCN using this process. As such, the complaint is now outside our legal remit, and we will not therefore investigate.

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Final decision

7. We will not investigate Mrs X’s complaint because Mrs X could reasonably have appealed against the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman