Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have followed the statutory process and appealed to the tribunal.

The complaint

1. The complainant, Ms X, complains about a Penalty Charge Notice (PCN). She says a problem with her phone meant there was a delay in paying for her parking. She appealed, because she had paid for her parking, but the Council did not cancel the PCN. Ms X wants the Council to cancel the PCN and reimburse her parking payment.

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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 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the documents about the PCN. I also considered our Assessment Code.

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My assessment

6. Ms X tried to pay for her parking but her phone did not work. She found a payment machine in another road but it was faulty. Ms X’s phone then unfroze and she paid for the parking. When Ms X returned to her car, she found the Council had issued a PCN.
7. Ms X challenged the PCN; she referred to the problem with her phone and said she had tried to find a payment machine; she did not say the machine was faulty. The Council considered her challenge but did not cancel the PCN. The Council acknowledged Ms X had paid for the parking but said it was after the officer had issued the PCN.
8. The Council said Ms X had 14 days to pay at the discounted rate. Alternatively, the Council said Ms X could wait for the Notice to Owner and make a formal challenge. The Council said she could appeal to the tribunal if it rejected her formal challenge.
9. Ms X paid the PCN at the discounted rate. The Council closed the case.
10. I will not start an investigation because Ms X could have followed the statutory process and appealed to the tribunal. She could have used the Notice to Owner to make a formal challenge on the grounds there were compelling reasons to cancel the PCN. It is reasonable to expect Ms X to appeal because the tribunal is free to use and is the correct body to consider PCN appeals. The tribunal could have considered the circumstances and, if the adjudicator did not think the Council had properly considered what happened (the mitigating factors), then the adjudicator could have referred the case back to the Council to reconsider.

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Final decision

11. We will not investigate this complaint because Ms X could have used the statutory process and appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman