Summary: We will not investigate this complaint about a penalty charge notice as it is reasonable to expect Mr X to use his statutory right of appeal to challenge it.

The complaint

1. Mr X complains the Council issued him with a penalty charge notice (PCN) for parking without purchasing a ticket. Mr X says the PCN should be cancelled as he was told by a Council officer that he would be safe to park. Mr X also wants the Council to change the charging policy in place at the car park in question.

Back to top

The Ombudsman’s role and powers

2. 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)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Council has apologised to Mr X about any wrong advice he was given but says the PCN was correctly issued. It has advised Mr X of his statutory right of appeal against the PCN. It has also explained how Mr X can purchase a parking ticket by phone, so that he would not have to return to his car (and leave his work place), once a period of free parking has elapsed. The Council has explained that a reorganisation is taking place of all local councils in April 2023, and that any new policy decisions about parking charges will be taken after that time.
7. The injustice caused to Mr X from any Council fault is the PCN. Parliament has provided an appeal process for motorists to challenge PCNs, ultimately to an independent parking tribunal, the Traffic Penalty Tribunal (TPT). It is reasonable to expect Mr X to make an appeal to the TPT as it is best placed to deal with this matter, bearing in mind also, that we have no power to cancel PCNs.
8. While I understand Mr X remains unhappy about the charging policy in place at the car park, this does not equate to fault by the Council and I cannot see grounds to investigate.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal against the PCN, ultimately to the TPT. There is insufficient evidence of fault by the Council in respect of current parking charges at the car park to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman