Summary: We will not investigate this complaint about a penalty charge notice as it is reasonable to expect Mr X to have appealed against it to the independent parking tribunal.

The complaint

1. Mr X complains about having received a penalty charge notice (PCN) for parking on yellow lines which he says were not visible. Mr X paid the fine but now seeks a refund.

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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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Parliament has provided an appeal mechanism which Mr X could have used to challenge the PCN. This would have culminated in an appeal to an independent adjudicator at London Tribunals.
6. It is reasonable to expect Mr X to have made such an appeal, and therefore, as per paragraph two, we will not investigate. That Mr X chose to pay the fine rather than appeal does not impact upon this decision.

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Final decision

7. We will not investigate Mr X’s complaint because he had a right of appeal against the PCN, and it is reasonable to expect him to have used it.

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Investigator's decision on behalf of the Ombudsman