Summary: We will not investigate Mr X’s complaint the Council issued a penalty charge notice for parking in a restricted area. Mr X can reasonably use his right of appeal to the Traffic Penalty Tribunal.

The complaint

1. Mr X complains the Council issued a penalty charge notice (PCN) for parking in a residents permit zone. He says there were no signs or road markings indicating restricted parking. Mr X says he was a visitor to the town and the Council’s PCN portal makes it difficult to contest fines. He says he wants to appeal to the Traffic Penalty Tribunal.

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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)

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How I considered this complaint

4. I have considered the complainant’s comments and information. The information includes the Council’s letter, dated 7 November, rejecting his informal representations against the penalty charge notice (PCN).

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The complaint is outside the Ombudsman’s jurisdiction because Mr X has a right of appeal to a tribunal (see paragraphs 2 and 3). The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London. The Council’s letter to Mr X correctly explains the procedure it is following which requires it to send a notice to owner if the PCN is not paid (due by around 21 November), formal representations, and a right of appeal to the Tribunal if rejected.
7. It is reasonable for Mr X to use his right of appeal to the Traffic Penalty Tribunal which he says he wishes to do. The Tribunal’s parking adjudicator has the power to consider his arguments and quash the PCN. If Mr X has chosen to pay the discounted fine and not await the notice to owner that is the end of the matter.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint the Council issued a penalty charge notice for parking in a restricted area. Mr X can reasonably use his right of appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman