Summary: We will not investigate this complaint about the Council’s failure to respond to Mr X’s challenge to a parking ticket. It has now issued a response to Mr X, and therefore Mr X has a right to make formal representations and appeal to the Traffic Penalty Tribunal.

The complaint

1. Mr X complained the Council issued him a Penalty Charge Notice (PCN) when his car had broken down. He says he appealed this, but also paid the fine of £35 as he did not want to risk having to pay an increased fine of £70. He says the Council then did not respond to his further contact and he has been left £35 out of pocket. He says the matter has caused stress and inconvenience. He wants the Council to refund him the £35 he paid and also pay him a further financial remedy to recognise his stress and inconvenience.

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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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says the Council issued him a PCN when his car had broken down. He wrote to the Council to explain the circumstances, but the Council did not respond. It says this was because Mr X had paid the PCN and the case was closed.
7. While there is no provision in the legislation to pay a PCN and then appeal, a council must consider an informal challenge received prior to a Notice to Owner being issued. In this case, the PCN was issued in person, rather than by post, and so no Notice to Owner had been served. (Statutory guidance for local authorities in England on civil enforcement of parking contraventions, paragraphs 10.7 to 10.12)
8. If we were to investigate this complaint, it is likely we would find fault causing
   Mr X injustice, because he was denied his right to appeal. I therefore asked the Council to issue a response to Mr X’s informal challenge, giving him the right to make formal representations. It is reasonable for Mr X to do so, and if the Council rejects his formal representations he may appeal to an independent adjudicator.
9. Where a person has a statutory right to appeal, we will not normally consider a complaint about the matter. As the Council has now given Mr X a right to appeal, I am satisfied it has provided a suitable remedy. The Traffic Penalty Tribunal is best placed to consider the PCN itself as the Ombudsman is not an appeal body, so there is not a good reason for us to investigate the matter instead.

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Agreed action

10. The Council agreed to issue a response to Mr X’s challenge which gives him the right to make formal representations and, if necessary, appeal to an independent adjudicator. The Council has now issued this letter.

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Final decision

11. We will not investigate Mr X’s complaint because the Council has now issued a response to his informal challenge. I am satisfied with the action it has taken, and it is reasonable for Mr X to make formal representations and, if necessary, appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman