Summary: We will not investigate this complaint about a penalty charge notice for a parking contravention as it is reasonable to expect Mrs X to have appealed against it to the Traffic Penalty Tribunal.

The complaint

1. Mrs X complains the Council should not have issued a penalty charge notice (PCN) when she and her husband parked in a bay marked for blue badge holders. Mrs X explains they left a note in the windscreen explaining they were waiting for her husband’s blue badge to arrive. Mrs X seeks a refund of the money she paid and an apology.

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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)

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How I considered this complaint

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

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My assessment

5. Parliament has provided an appeal mechanism, which Mrs X could reasonably have used, to challenge the PCN, ultimately by way of appeal to the Traffic Penalty Tribunal (TPT).
6. That Mrs X has paid the PCN does not change this. As such, and as per paragraph two, we will not investigate.

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Final decision

7. We will not investigate Mrs X’s complaint because there is an appeal procedure provided in law which Mrs X could reasonably have used to challenge the PCN.

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Investigator's decision on behalf of the Ombudsman