Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disputes a Penalty Charge Notice (PCN) and complains the Council will not let him pay the fine at the discounted rate of £35.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council. This includes the correspondence about the PCN. I also considered our Assessment Code.

Back to top

My assessment

6. The Council issued Mr X with a PCN for stopping in a prohibited area. Mr X says he did not receive the initial PCN and denies he committed a parking contravention.
7. After the Council registered the fine in court, Mr X applied to the court for a witness statement. The court revoked the court registration and directed the Council to issue a new Notice to Owner.
8. The Council sent Mr X a new Notice to Owner which gave him the option to pay £70 or challenge the fine. The Council subsequently rejected Mr X’s challenge and gave him the option to pay £70 or appeal to the tribunal. The Council said the fine would increase if he took no action.
9. Mr X did not pay or appeal. The Council registered the fine in court and the case is now with bailiffs.
10. Mr X continues to dispute the PCN and complains the Council has not given him the chance to pay the fine at a discounted rate (£35).
11. I will not start an investigation because there is insufficient evidence of fault by the Council. This is because it was required, by the court, to re-issue the Notice to Owner, which it did. But, there was no requirement to offer the fine at a reduced rate.
12. In addition, if Mr X wanted to further dispute the fine, he could have appealed to the tribunal. It is reasonable to expect him to appeal because the tribunal is the appropriate body to consider disputes about PCNs. If appropriate, the tribunal could have cancelled the fine.

Back to top

Final decision

13. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X could have appealed to the tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman