Summary: We will not investigate this complaint that the Council should not have issued a penalty charge notice for a parking contravention. The complainant had a right of appeal to a tribunal. The Information Commissioner is best placed to deal with complaints about data protection issues.

The complaint

1. The complainant, who I refer to here as Ms B, has complained the Council issued a penalty charge notice. She says she had been unable to pay to park because of faulty machines. Ms B also says the Council has not dealt with concerns about how it handled her personal data.

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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. It 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)
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe another body is better placed to deal with the matter. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Ms B and the Council. I also considered our Assessment Code.

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My assessment

Background

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.

Assessment

6. The Council issued a penalty charge notice to Ms B because it believed she had parked without paying the required fee. The penalty charge was £50 although the Council could accept a discounted amount of £25 within 14 days.
7. Ms B had a right of appeal against the penalty charge notice to the Traffic Penalty Tribunal (TPT) which is a statutory tribunal. An appeal to the TPT is free and relatively easy to use. It is also the way in which Parliament expects people to contest a penalty charge notice. For these reasons, the restriction I describe in paragraph 2 would generally apply.
8. Ms B decided to pay the discounted amount of £25 rather than challenge the penalty charge notice. However, I consider it would have been reasonable for her to appeal. She could have raised any issues about difficulty making payment as part of her appeal.
9. We normally expect someone to refer a complaint about data protection to the Information Commissioner.

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Final decision

10. We will not investigate Ms B’s complaint about the penalty charge notice because she could have appealed to the TPT. The Information Commissioner is better placed to deal with her complaint about data protection issues.

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Investigator's decision on behalf of the Ombudsman