Summary: We will not investigate this complaint about Penalty Charge Notices for parking contraventions. It was reasonable for Ms X to use her statutory right of appeal to London Tribunals.

The complaint

1. Ms X complained the Council issued her two Penalty Charge Notices (PCNs) while she was awaiting renewal of her blue badge. She said delays by the Department for Work and Pensions meant her blue badge renewal was delayed. She said the Council failed to consider her circumstances, refused her appeal and passed the PCNs to enforcement agents.
2. Ms X said the matter has caused her significant distress and financial hardship, with subsequent impacts on her health. She wanted the Council to cancel the PCNs.

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The Ombudsman’s role and powers

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)

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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. Ms X’s complaint is about two PCNs the Council issued while she was awaiting renewal of her blue badge. She appealed the matter to the Council, and it issued her a notice of rejection which explained she could submit her appeal to London Tribunals upon receiving a notice to owner.
7. When someone has a statutory right of appeal, we will generally not investigate a complaint about the matter as it is usually reasonable for the person to use this process. It is free, relatively informal and simple to use, and the adjudicator's decision is legally binding on both parties.
8. We do not have the power to cancel a PCN. The Tribunal can consider mitigating circumstances such as those Ms X claimed, and there is not a good reason for us to consider a complaint about the matter instead.
9. Given that the PCNs remained unpaid and not successfully appealed, the Council progressed them to enforcement in line with the statutory process.

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Final decision

10. We will not investigate Ms X’s complaint because it was reasonable for her to use her statutory right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman