Brighton & Hove City Council (23 012 147)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 28 Nov 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to expect Dr Y to appeal to the Traffic Penalty Tribunal.
The complaint
- Dr Y complained the Council issued a Penalty Charge Notice despite her displaying a professional carer's badge in her window while parking.
- Dr Y says this has caused her significant anxiety and worry and feels the penalty is unfair.
The Ombudsman’s role and powers
- 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)
- The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
- I considered information Dr Y provided and the Ombudsman’s Assessment Code.
My assessment
- The Council issued a PCN to Dr Y in September 2023. Dr Y made representations to the Council against the PCN, but these were rejected. The Council provided details about the next steps of appealing the PCN.
- The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal.
- At this stage Dr Y has the right to appeal the PCN, through the Council and then to the Traffic Penalty Tribunal if she remains unhappy with the outcome of the Council’s consideration of her challenge to the PCN.
- This is usually a free process and reasonable adjustments can be made if necessary. As there does not appear to be any reason why it would not be, we would consider it reasonable for Dr Y to use her right to appeal, so we will not investigate.
Final decision
- We will not investigate Dr Y’s complaint because it is reasonable to expect Dr Y to appeal to the Traffic Enforcement Centre and the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman