Summary: We will not investigate this complaint about the Council refusing to allow payment of a Penalty Charge Notice at the discounted rate after Mr X made representations against the charge. Mr X has already appealed to the Traffic Penalty Tribunal about the Penalty Charge Notice and we will not investigate separately the way the Council handled the process.

The complaint

1. Mr X says he contacted the Council to appeal against a Penalty Charge Notice (PCN ) he had received for parking, and an officer told him the charge would not increase to the full amount of £60 while the Council considered his representations. However, when he received the Notification of Rejection letter it required payment of the charge at the full rate rather than at a 50% discount.
2. Mr X also says when he complained he was told the officer had wrongly advised him. Mr X says he has already appealed to the Traffic Penalty Tribunal but wants what he considers to be an oral agreement to pay at £30 upheld.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The Traffic Penalty Tribunal (TPT) considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate a complaint about a Penalty Charge Notice when someone has already appealed to the TPT.
9. We will not separate the way the Council handled the process before Mr X’s appeal from the underlying matter of the PCN itself.
10. The law does not require councils to invite payment at the discounted rate when they reject people’s representations against a PCN, so we could not say this Council is at fault. When someone receives a PCN, they may either pay at the discounted rate or make representations against the charge, but cannot expect to do both.
11. As Mr X has now appealed to the TPT, it is reasonably clear he does not accept the PCN so may not have paid it in any event. It is for the TPT to decide whether Mr X should now have to pay the charge.

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Final decision

12. We cannot investigate Mr X’s complaint because he has appealed to the Tribunal, and we cannot separate the subject of his complaint from the Penalty Charge Notice itself.

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Investigator's decision on behalf of the Ombudsman