Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect the complainant to have followed the appeal process provided in law, ultimately to the Traffic Penalty Tribunal.

The complaint

1. Mr X complains the Council wrongly issued him with a parking penalty charge notice (PCN) when he had paid to park. Mr X says this has caused him stress and he wants the PCN to be cancelled.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Parliament has provided an appeal process which Mr X could have used to challenge the PCN, ultimately to the independent tribunal, the Traffic Penalty Tribunal (TPT). We are not another level of appeal and cannot rule that the PCN should be cancelled. As such, it is reasonable to expect the complainant to have followed the statutory appeal process and we will not therefore investigate.

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Final decision

6. We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed using the statutory appeal.

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Investigator's decision on behalf of the Ombudsman