Summary: The Ombudsman will not investigate this complaint about a penalty charge notice issued by the Council for a parking contravention. The law provided a right of appeal to a tribunal against the penalty charge notice.

The complaint

1. The complainant, who I refer to here as Miss B, complained because the Council issued a penalty charge notice for a parking contravention.

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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 Miss B and the Council.

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My assessment

4. The Council issued a penalty charge notice because it believed Miss B had parked without displaying the required permit. The penalty charge was £130 although the Council could accept a discounted amount of £65 if Miss B paid this within 14 days.
5. The Council enforces parking restrictions and takes recovery action using procedures set out in the Traffic Management Act 2004 and associated Regulations. Councils and motorists must follow these procedures although councils have discretion to stop enforcement or recovery action if they believe there are good reasons to do so.
6. Miss B had a right of appeal against the penalty charge notice to London Tribunals which is a statutory tribunal. An appeal to London Tribunals is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 2 generally applies.
7. When Miss B challenged the penalty charge notice, the Council explained she could pay £65 within 14 days or wait for a notice to owner. This would explain how she could formally challenge the penalty charge notice and appeal to London Tribunals if necessary.
8. Miss B paid the discounted amount of £65 and then complained to the Council. Having considered her circumstances, the Council exercised discretion to refund the payment and cancel the penalty charge notice.

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Final decision

9. We will not investigate Miss B’s complaint because she had a right of appeal against the penalty charge notice to a tribunal. She was aware of this right when she chose to pay £65. The Council’s later decision to refund her payment does not alter our jurisdiction.

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Investigator's decision on behalf of the Ombudsman