Summary: We will not investigate this complaint about two Penalty Charge Notices because the complainant can follow the statutory process and appeal to the tribunal.

The complaint

1. The complainant, whom I refer to as Mrs X, complains about two Penalty Charge Notices (PCN). Mrs X says she paid for her parking using the pay by phone system. Mrs X has accused the Council of fraud and wants the PCNs revoked.

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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 about the same matter. 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 considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Mrs X. This includes information about the PCNs. I also considered our Assessment Code.

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My assessment

6. If someone disputes a PCN they can make an informal challenge. If the challenge is rejected the Council will explain that the person can either pay or wait for the Notice to Owner and make a formal challenge. If the Council rejects the formal challenge, it issues a Notice of Rejection and the person can appeal to the tribunal.
7. The Council issued two PCNs for parking without payment. Mrs X challenged both PCNs.
8. The Council confirmed both PCNs. It gave Mrs X another opportunity to pay at the reduced rate or said she could wait for the Notice to Owner and make a formal challenge.
9. Mrs X says she paid for her parking using the pay by phone system using the number provided on the sign. Mrs X has accused the Council of fraud. Mrs X wants the Council to revoke both PCNs.
10. I will not start an investigation because, for both PCNs, Mrs X can follow the statutory process. She can make a formal challenge using the Notice to Owner and then appeal to the tribunal if the Council issues a Notice of Rejection. It is reasonable to expect Mrs X to appeal because the tribunal is the appropriate body to consider appeals about PCNs. The tribunal can consider Mrs X’s submission that she paid for her parking by phone. If the tribunal upholds the appeal it will cancel the PCNs; we do not have that power.

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Final decision

11. We will not investigate Mrs X’s complaint because she can appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman