Summary: We will not investigate Mr X’s complaint about a parking Penalty Charge Notice (PCN). This is because he has a right of appeal to a tribunal and it is reasonable for him to use it.

The complaint

1. Mr X complains the Council has rejected his appeal against a parking Penalty Charge notice (PCN). He says this is unfair as he has provided evidence the road signage did not comply with regulations. He wants the Council to cancel the PCN, compensate him for distress caused and ensure road signage complies with the regulations.

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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. The Traffic Enforcement Centre (TEC) is part of Northampton County Court and can consider witness statements which seek to challenge the escalated enforcement of a PCN.
4. 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

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

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My assessment

7. 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’.
8. If the motorist submits an informal challenge to a PCN and the Council decides not to accept it, it will write to the motorist and explain why. If the motorist does not then pay the PCN, they may wait for a ‘notice to owner’. This provides a further opportunity for the motorist 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.
9. In this case, the Council rejected Mr X’s informal representations. It issued him a notice to owner. Mr X did not respond and so the Council registered the debt with the TEC. Mr X submitted a witness statement to the TEC to challenge the PCN. The TEC ordered the Council to re-issue the notice to owner to Mr X, which it did. This gave Mr X a further opportunity to pay the charge.
10. The Council wrote to Mr X to advise him he could now either pay the penalty charge or await a review by an independent adjudicator at the Traffic Penalty Tribunal.
11. We will not investigate this complaint as Mr X has a right of appeal to a tribunal and it is reasonable for him to use this. The Council has appropriately advised Mr X of his options. If Mr X considers the road signage inadequate and that this should invalidate the PCN, the tribunal can consider this point as part of his appeal.

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Final decision

12. We will not investigate Mr X’s complaint because there is a right of appeal to a tribunal and it is reasonable for him to use it.

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Investigator's decision on behalf of the Ombudsman