Summary: We will not investigate this complaint about a Penalty Charge Notice for stopping on a red route. This is because the complainant could have appealed to the tribunal and because the Authority considered the circumstances which led to the fine.

The complaint

1. The complainant, Ms X, complains about a Penalty Charge Notice (PCN) issued by the Authority for stopping on a red route. She says the Authority ignored the mitigating circumstances and made it hard for her to submit a challenge. Ms X wants a £80 refund and a change in the red route rules.

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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. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), 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 Ms X and the Authority. This includes Ms X’s challenge to the PCN and the Authority’s response. I also considered our Assessment Code.

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My assessment

6. Ms X received a PCN for stopping on a red route. Ms X challenged the PCN and explained why she had to stop. The Authority considered her representations but decided not to cancel the PCN. The Authority said she could pay the fine or appeal to the tribunal.
7. Ms X paid the fine but complains of problems speaking to the Authority and submitting representations. She continues to dispute the PCN, wants a refund and says the red route rules should be changed.
8. I will not start an investigation because Ms X could have appealed to the tribunal. It is reasonable to expect her to have appealed because the Authority notified her of her appeal rights and the tribunal is the correct organisation to consider PCN appeals. In addition, the Authority considered Ms X’s grounds of mitigation but decided not to exercise discretion and cancel the fine. As the Authority considered these points there is no reason for use to intervene.
9. I appreciate Ms X may have been inconvenienced by the problems she had contacting the Authority but, as she made representations and received a response within a month, this is not an issue that requires an investigation. In addition, we do not have the power to change the red route rules or ask the Authority to change them.

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Final decision

10. We will not investigate this complaint because the complainant could have appealed to the tribunal and because the Authority considered mitigation.

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Investigator's decision on behalf of the Ombudsman