Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X can appeal against it to the independent tribunal.

The complaint

1. Mr X complained that the Council issued him with a parking penalty charge notice (PCN) despite him displaying his blue badge. Mr X wants the PCN to be cancelled.

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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.
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)

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How I considered this complaint

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

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My assessment

6. The Council has explained to Mr X that he needed a Brown Badge to park in the place where he did, and that he is entitled to apply for one of these. The Council told Mr X that nearby signs clearly stated the parking bays were for the use of ‘Brown Badge Holders Only’. The Council’s Brown Badge scheme allows residents who are over 65 to park in dedicated bays in its area. Blue Badge holders must also display a valid Brown Badge to park in these bays.
7. We are not empowered to cancel the PCN but there is a procedure provided in law which Mr X can use to challenge the PCN. This culminates in an appeal to the independent adjudicators at London Tribunals. This is the correct way for Mr X to seek to have the PCN cancelled, and it is reasonable to expect him to make such an appeal. As such, we will not investigate.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal against the PCN to the independent tribunal.

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Investigator's decision on behalf of the Ombudsman