Summary: We will not investigate this complaint about an alledged failure by the Council to properly investigate a penalty charge notice it issued the complainant for a parking contravention. This is because the recipient of a notice has a right of appeal to a tribunal. The complainant could reasonably exercise that right of appeal and as such, we have no legal jurisdiction to investigate.

The complaint

1. The complainant (Mr B) complains the Council is demanding payment from in respect of penalty charge notice (PCN) which was issued for an alledged parking contravention. He says the Council has failed to properly investigate the matter and has not contacted him to discuss this.
2. In summary, he says he is receiving unjustified demands for payment which has caused him stress and worry. As a desired outcome, Mr B wants the Council to investigate the issues relating to the PCN and contact him as part of this.

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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).
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended).

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How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. The recipient of a PCN carries a right of appeal to a statutory tribunal. There is no evidence to suggest it would not have been reasonable for Mr B to exercise that right of appeal. This is because the PCN includes details about how to make an appeal and this is the body and process parliament intended to consider such disputes. If the time limit to appeal has passed, Mr B can apply to the Traffic Enforcement Centre (TEC) at county court to seek permission to make an out of time appeal. In all the circumstances, we have no jurisdiction to investigate.

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Final decision

7. We will not investigate this complaint. This is because the restrictions I outline in either paragraph three or paragraph four (above) apply.

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Investigator's decision on behalf of the Ombudsman