Summary: We will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. This is because it would be reasonable for Mr X to use the statutory appeals process.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He also complains the Council has failed to refer his challenge to the PCN to an independent adjudicator.

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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. 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 Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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The process

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.

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My assessment

8. The Council has refused Mr X’s informal challenges to the PCN and explained that if he wishes to challenge the PCN further he should wait for the notice to owner. This is the proper procedure for Mr X to appeal and it would be reasonable for him to follow it. We will not therefore investigate whether the Council was right to issue the PCN and to decide not to cancel it in response to Mr X’s informal challenges.

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Final decision

9. We will not investigate this complaint. This is because it would be reasonable for Mr X to wait for the notice to owner and appeal, firstly to the Council and then to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman