Summary: We will not investigate Mrs X’s complaint about a penalty charge notice issued by the Council. This is because it would have been reasonable for Mrs X to appeal to the Traffic Penalty Tribunal.

The complaint

1. The complainant, Mrs X, complains about a penalty charge notice (PCN) issued by the Council for parking in a disabled parking area. Mrs X says there are no clear signs to warn motorists they are in a disabled parking area and wants the Council to cancel the PCN.

Back to top

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. 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 Mrs X and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. There is a set procedure councils must follow when pursuing PCNs for parking contraventions and handling appeals against them. 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’.
7. 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 (TPT).
8. The Council made clear Mrs X’s right to challenge the PCN at the Traffic Penalty Tribunal but Mrs X has instead pursued the matter via the Council’s complaints process. The Council referred Mrs X to us in its final response, as it is required to do, but the complaint concerns the validity of the PCN and this is a matter for the TPT. The

Back to top

Final decision

9. We will not investigate this complaint. This is because it would have been reasonable for Mrs X to appeal to the TPT.

Back to top

Investigator's decision on behalf of the Ombudsman