Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X could have appealed to the Traffic Penalty Tribunal against it.

The complaint

1. Mr X complained a Council parking officer told him he could park at a certain location but when he did, Mr X was issued with a penalty charge notice (PCN). Mr X wants the Council to refund the money he paid to clear the PCN and for the officer in question to be punished.

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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. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) 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. Parliament has provided an appeal process by which Mr X could have challenged the PCN, ultimately to an independent parking adjudicator at the Traffic Penalty Tribunal (TPT). It is reasonable to expect Mr X to have followed this process and as such, we will not investigate. We are not empowered to cancel the PCN or to ask the Council to discipline its members of staff.

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Final decision

7. We will not investigate Mr X’s complaint because he could reasonably have appealed against the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman