Bolton Metropolitan Borough Council (23 015 589)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 09 Jan 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it was reasonable for Mr B to put in an appeal to the Traffic Penalty Tribunal.
The complaint
- Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mr B says he parked correctly and the Council is wrong to say his vehicle overhung double yellow lines. Mr B says the PCN is not valid and he should be refunded the money he paid to cancel the PCN.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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 provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A motorist who receives a PCN for an alleged parking contravention has two options. The motorist may pay the PCN to cancel it. Alternatively, the motorist may dispute the PCN by making representations to the Council, and if needed, by putting in an appeal to the Traffic Penalty Tribunal. Once a motorist has paid a PCN they can no longer challenge the PCN by putting in an appeal to the Traffic Penalty Tribunal.
- If Mr B wanted to challenge this PCN he could have put in an appeal to the Traffic Penalty Tribunal rather than pay the PCN.
- This is the process set out in law to challenge a PCN. I find it was reasonable for Mr B to do this. The Tribunal is independent and in the best position to decide whether a PCN was properly issued including whether any restrictions were appropriately signed. Also, the process is free and relatively straightforward to use.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman