Summary: We will not investigate this complaint about a penalty charge notice as it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is a statutory appeal process which Mr X can reasonably make use of.

The complaint

1. Mr X complains about receiving a penalty charge notice (PCN) for parking on the pavement due to lack of road space.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The law says we cannot normally investigate a complaint when someone has a right of appeal 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 the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. Parliament has provided an appeal mechanism by which Mr X can challenge the PCN to the Traffic Penalty Tribunal (TPT). It is reasonable to expect Mr X to follow the appeal process followed in law and as such, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because he has the right to appeal against the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman