Summary: We will not investigate this complaint about an alledged failure by the Council properly consider an appeal by the complainant with respect to a penalty charge notice. This is because the complainant has a right of appeal to Traffic Penalty Tribunal. We consider it would be reasonable for the complainant to exercise her right of appeal and as such, we have no jurisdiction to investigate.

The complaint

1. The complainant (Mrs W) complains the Council failed to assist her with a penalty charge notice (PCN) she received in respect of a bus lane contravention. In summary, Mrs W says the Council’s unwillingness to assist her has caused her to experience extreme stress due to debt collectors demanding a large sum of money that they cannot afford. As a desired outcome, she wants the Council to either waive the PCN amount, or the opportunity to pay a reduced fee.

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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).
3. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

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

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My assessment

5. I have reviewed Mrs W’s correspondence with the Council in respect of the PCN which shows she dispute this on the basis that a bus lane contravention did not occur. Outside Greater London, the grounds to appeal for this particular PCN are set out in the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022. A ground of appeal includes that the alleged contravention did not occur, and an appeal can made to the Traffic Penalty Tribunal on this basis. In my view, it would be reasonable for Mrs W to exercise her right of appeal. If she is appealing late, she can set out her reasons when filing an appeal. It is generally not the role of the Ombudsman to adjudicate disputes with respect to traffic contraventions. In these circumstances, we have no jurisdiction to investigate the issues raised.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman