Summary: We will not investigate this complaint about the Council issuing a Penalty Charge Notice for parking. It would be reasonable for the complainant to use his right to appeal to a parking adjudicator, but we understand the matter is resolved in any event.

The complaint

1. Mr B says the Council was wrong to issue a Penalty Charge Notice (PCN) for parking in a pay and display bay on the street without paying for parking.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review 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 use this right. (Local Government Act 1974, section 26(6)(a), as amended)
3. London Tribunals considers parking and moving traffic offence appeals for London.

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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. The Council has told us it considered Mr B’s enquiry about the PCN and it resolved the matter with him soon after he complained to us.
7. If that was not the case, it would be reasonable for Mr B to follow the procedure set out in law to challenge a PCN, which ends with an appeal to a parking adjudicator from London Tribunals.

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Final decision

8. We will not investigate Mr B’s complaint because it would be reasonable for him to use his appeal right if the matter is not resolved.

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Investigator's decision on behalf of the Ombudsman