Summary: We will not investigate this complaint about a penalty charge notice for a parking contravention. The complainant had a right of appeal to a tribunal against the penalty charge notice.

The complaint

1. The complainant, who I refer to here as Mr X, complained because the Council issued a penalty charge notice for a parking contravention. He says his car had broken down and had to be recovered so he should not have had to pay the penalty charge.

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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 Mr X and the Council. I also considered our Assessment Code.

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My assessment

Background

4. The Council enforces parking restriction 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.
5. Mr X 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.

Summary of events

6. The Council issued a penalty charge notice to Mr X because it believed he had parked where this was not allowed. The penalty charge was £130 although the Council could accept a discounted amount of £65 within 14 days.
7. Mr X made an informal challenge to the penalty charge notice on line. The Council wrote to him asking for evidence that his car had broken down and been recovered. This would need to show the time and location of the recovery and the reason it was required.
8. The Council also offered Mr X the chance to pay the discounted amount within 14 days. It further explained how he could formally challenge the penalty charge notice and appeal to an independent adjudicator.
9. Although Mr X provided a receipt from a garage, this did not contain the evidence the Council had asked for. As it received no payment or formal challenge, the Council issued a charge certificate. Mr X then paid the penalty charge which had increased to £195 in accordance with the regulations.

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Final decision

10. We will not investigate Mr X’s complaint because he had a right of appeal against the penalty charge notice which it was reasonable for him to use. There is no evidence of other fault by the Council we should investigate.

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Investigator's decision on behalf of the Ombudsman