Summary: We will not investigate this complaint about a motoring penalty charge notice as the complainant had the right to appeal against this and it is reasonable to expect him to have done so.

The complaint

1. Mr X complains he was issued a penalty charge notice (PCN) for a bus gate infringement when, he says, there were no signs to suggest he should not drive there. Mr X says this has caused him stress and anxiety and he wants the Council to rescind the PCN and to refund the money he has paid.

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)

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. Parliament has provided an appeal procedure for motorists to challenge PCNs such as the one issued to Mr X. This procedure culminates in an appeal to an independent tribunal, the Traffic Penalty Tribunal (TPT). The parking adjudicators at the TPT had the power to decide whether Mr X’s PCN was properly issued or whether it should be cancelled. We are not empowered to do this. It is reasonable therefore to expect Mr X to have used his statutory appeal right to challenge the PCN, and as per paragraph 3, we will not therefore investigate.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because he had the right to appeal against the PCN to the TPT and it is reasonable to expect him to have done this.

Back to top

Investigator's decision on behalf of the Ombudsman