Summary: We will not investigate this complaint about information on a parking board and a Penalty Charge Notice. This is because the complainant could have followed the statutory process and appealed to the tribunal.

The complaint

1. The complainant, whom I refer to as Mrs X, says the Council has breached the guidelines by not providing clear information about parking charges. She wants the Council to review all the 442 Penalty Charges Notices (PCN) issued for this contravention and review the signage.

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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.
3. 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)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information provided by Mrs X and the Council. This includes the correspondence about the PCN, photographs of the parking signs, and the complaint correspondence. I also considered our Assessment Code.

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My assessment

6. If someone disputes a PCN they can use the Notice to Owner to make a formal challenge. If the Council rejects the challenge it issues a Notice or Rejection. The person can then appeal to the tribunal. They can appeal if they think the signage was unclear. If the person pays the PCN the Council closes the case.
7. Mrs X parked in a car park. The information board had a heading saying CHARGES; text below said, “A valid ticket must be obtained and displayed at all times during the Charging Period including when parking for Up to 2 hours with No charge. Only one Free 2 hour stay permitted per Charging Period”. In slightly larger font the sign then says – “Up to 2 hour No charge”. There are other posters in the car park which say, “Park for free for 2 hours, but don’t forget you still need to display a ticket.”
8. Mrs X parked in the car park for less than an hour. The Council issued a PCN because she had not displayed a ticket. Mrs X made an informal challenge. She said the sign “…is not at all clear on first glance which I suspect most people who don’t know the place won’t spot unless they stand there for some time and read every last detail on it”. She said she had parked for less than two hours.
9. The Council considered Mrs X’s points but did not cancel the PCN. It said drivers must display a ticket at all times and this is explained on the board. The Council gave Mrs X another chance to pay the PCN at the discounted rate of £25 or said she could wait for the Notice to Owner and make a formal challenge. It signposted Mrs X to a website for information about the appeals process. The Council said payment would close the case.
10. Mrs X paid £25. She then complained to the Council that the information on the board is unclear and misleading. She pointed out the instruction to display a ticket at all times is in a smaller font. The Council did not uphold the complaint. It said the instructions are visible and not hard to understand.
11. I will not investigate this complaint because Mrs X could have made a formal challenge using the Notice to Owner and then appealed to the tribunal. The tribunal would have considered her submission that the information on the board is unclear and misleading. It is reasonable to expect Mrs X to have followed the statutory process because the tribunal is free to use and is the appropriate body to consider appeals about PCNs. The tribunal decision could have included comments about the sign if the adjudicator thought there were deficiencies.
12. Mrs X says she wants the Council to review all the PCNs issued for this contravention. However, she has not provided consent to act for other people and each person who received a PCN could have used their appeal rights. Mrs X also says the Council has not answered all her questions. The Council has, however, notified her of her appeal rights and answered her complaint. There is nothing in the complaint response which suggests we need to start an investigation, especially when the key issue is a matter for the tribunal.

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Final decision

13. We will not investigate this complaint because Mrs X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman