Summary: We will not investigate this complaint about the Council allegedly issuing the complainant with an unjustified penalty charge notice for a parking contravention. This is because the recipient of such a notice has a right of appeal to a statutory tribunal. We consider it would be reasonable for the complainant to exercise this right and so we have no jurisdiction to investigate.

The complaint

1. The complainant (Mr X) is complaining in relation to a penalty charge notice (PCN) he received from the Council over an alledged parking contravention. He says the PCN was wrongly issued because he was parked in his designated residential parking space. Mr X explains he presented all his vehicle documents to the Council which would have shown this but nobody contacted him back.
2. In summary, Mr X says the alledged fault resulted in him receiving threats of bailiff action and so he felt forced to pay the PCN despite him denying he was responsible for this. He says the issue has caused him significant stress and inconvenience. As a desired outcome, Mr X wants the Council to apologise for the impact caused and refund his money.

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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. 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 and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. The recipient of a PCN for a parking contravention in London has a right of appeal to the London Tribunals. If Mr X disputes his liability to pay the PCN, it would be reasonable for his to exercise that right. There is no evidence to suggest it would be unreasonable for him to do so. It is not the role of the Ombudsman to adjudicate disputes about alleged parking contraventions.

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Final decision

7. We will not investigate this complaint. This is because the restriction I outline at paragraph three (above) applies.

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Investigator's decision on behalf of the Ombudsman