Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can appeal to the tribunal.

The complaint

1. The complainant, Mr X, complains the Council sold him a parking ticket for a bay that was not in use. Mr X wants the Council to refund his £3 parking charge, cancel the Penalty Charge Notice (PCN), and pay compensation. Mr X says the Council should stop selling tickets that cannot be used.

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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. 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. This includes correspondence about the PCN. I also considered our Assessment Code.

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My assessment

6. Mr X parked in a bay with yellow lines. He bought a pay and display ticket which was valid for one hour from 7.11pm.
7. The Council issued a PCN at 8.03pm because no parking is allowed in that bay from 8pm to 8am.
8. Mr X challenged the fine. Part of his challenge was that the Council should not accept payment for a ticket that cannot be used.
9. The Council rejected his challenge. It explained he parked in a bay when restrictions were in force; it provided a photograph of a sign which said parking is prohibited from 8pm to 8am. The Council said it is the responsibility of drivers to be aware of restrictions. The Council gave Mr X another chance to pay the fine at the discounted rate or said he could wait for the Notice to Owner and start the appeals process which could lead to an appeal to the tribunal.
10. Mr X says he does not want to appeal because winning at the tribunal would not stop the Council issuing tickets that cannot be used.
11. I will not investigate this complaint because Mr X can appeal to the tribunal. I am aware of Mr X’s views about appealing, but it is reasonable to expect him to appeal because the tribunal is the correct organisation to consider disputes about PCNs. If the tribunal adjudicator thought the Council was selling tickets that were inappropriate or invalid, then that would be reflected in the tribunal decision.
12. We are not an appeal body and do not have the power to cancel a PCN. It would not be appropriate for us to comment on the sale of the ticket because that is the central issue that needs to be addressed by the tribunal.

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Final decision

13. We will not investigate this complaint because the complainant can appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman