Summary: We will not investigate Mr X’s complaint about the Council’s signage and its issue of a penalty charge notice. This is because Mr X’s injustice lies in the amount of the penalty charge, which is not significant enough to warrant our further involvement, and because it would have been reasonable for Mr X to appeal.

The complaint

1. The complainant, Mr X, complains the Council has put up misleading and contradictory signage about parking restrictions. He parked on the road and the Council issued him a penalty charge notice (PCN), which he paid at the discounted rate of £35.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X’s concerns about the Council’s signage are essentially a challenge to its issue of the PCN.
8. There is a set procedure motorists and councils must follow when pursuing PCNs for parking contraventions and handling challenges. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as ‘informal challenges’.
9. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal. The Traffic Penalty Tribunal is better placed to decide if a council’s signage is adequate as part of an appeal.
10. Mr X informally challenged the PCN but the Council did not accept his challenge. It explained he could pay the PCN at the discounted rate of £35 within 14 days or the full rate of £70 after this. It also explained he could wait for the notice to owner and make formal representations to challenge the PCN further. Mr X decided to pay the PCN at the discounted rate and by doing so he lost his right of appeal.

11. Had Mr X wished to challenge the PCN further it would have been reasonable for him to appeal. Further, we investigate only the most serious complaints and the amount Mr X paid for the PCN is not significant enough to warrant our further involvement in this complaint.

Back to top

Final decision

12. We will not investigate this complaint. This is because the injustice Mr X claims is not significant enough and it would have been reasonable for Mr X to use his right of appeal.

Back to top

Investigator's decision on behalf of the Ombudsman