Summary: We will not investigate Mr X’s complaint that the automated parking system is faulty. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is a legal right to appeal to the Traffic Penalty Tribunal and it is reasonable to expect Mr X to use it.

The complaint

1. Mr X complains the Council wrongly issued him with a Penalty Charge Notice (PCN) when its automated parking system did not allow him to enter his vehicle registration using his mobile keypad. Mr X would like the Council to cancel this PCN.

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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 Act 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. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information provided by Mr X.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has considered Mr X’s representations but has not cancelled this PCN. The Council says the PCN was correctly issued. As advised by the Council, Mr X may now either pay the PCN or put in an appeal to the Traffic Penalty Tribunal.
8. This is the process set out in law to challenge a PCN and we generally expect it to be used.
9. I find it is reasonable for Mr X to challenge this PCN by putting in an appeal to the Traffic Penalty Tribunal.
10. The Tribunal is independent and in the best position to decide whether a PCN was properly issued. Also, the process is free and relatively straightforward to use.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr X’s complaint because it is reasonable for him to put in an appeal to the Traffic Penalty Tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman