Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can appeal to the tribunal.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a Penalty Charge Notice (PCN) she received after she stopped to provide medical assistance. Ms X wants the Council to cancel the PCN, apologise and compensate her for the stress.

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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. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the correspondence about the PCN. I also considered our Assessment Code.

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My assessment

6. Ms X is a nurse. She stopped to provide help after someone fell and cut their head. The Council issued a PCN because Ms X parked on double yellow lines.
7. Ms X challenged the fine and explained she had only stopped to provide medical assistance. She said she is duty bound to provide help when needed. The Council considered her points but decided not to cancel the fine. It said parking is always prohibited on double lines. In early July the Council gave Ms X 28 days to appeal to the tribunal.
8. The tribunal cannot cancel a PCN purely on the grounds of mitigation. But, it can refer the case back to a council if the adjudicator decides a council should have used its discretion to cancel a PCN. The council is then required to reconsider the case.
9. I will not investigate this complaint because Ms X can appeal to the tribunal. It is reasonable to expect Ms X to appeal because the tribunal is the appropriate body to consider disputes about PCNs and there is a mechanism for the tribunal to consider mitigation. The tribunal is free to use and Ms X is still within the 28 day time limit to appeal.
10. The tribunal has the power to award costs but only when it decides a council has acted “frivolously, vexatiously or wholly unreasonably in contesting an appeal”. Ms X could ask the tribunal for costs although she should be aware they are only awarded in exceptional circumstances. We will not investigate this issue because we will not investigate the main issue (the PCN), Ms X can ask the tribunal for costs, and because we do not expect councils to pay compensation when someone is following the statutory process for disputing a PCN.

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Final decision

11. We will not investigate this complaint because Ms X can appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman