Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complainant could have followed the statutory process and appealed to the tribunal.

The complaint

1. The complainant, Mr X, complains about a Penalty Charge Notice (PCN). He says he had a good reason to stop and was parked for less than a minute. He also says the fine was not affixed to his car and the Council has increased the amount it expects him to pay.

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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. 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.

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How I considered this complaint

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

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My assessment

6. Mr X says he was forced to park for welfare reasons linked to his partner. He says he stopped for less than a minute and the officer did not place a ticket on his car. He says that, despite appealing, the Council increased the fine. Mr X wants the Council to waive the fine or allow him to pay at the reduced rate of £35.
7. The Council says Mr X drove away before the officer could affix the fine; the Council served it by post instead. The Council considered Mr X’s appeal, and his reasons for stopping, but decided not to cancel the PCN. It said the officer observed the parked car for five minutes before issuing the fine. The Council gave Mr X another chance to pay at the reduced rate of £35 or, alternatively, to appeal to the tribunal. The Council said the fine would increase, and could involve court action, if Mr X neither paid nor appealed.
8. Mr X did not pay or appeal. The Council escalated the fine which it then registered in court and passed to bailiffs. The PCN remains unpaid.
9. I will not investigate this complaint because Mr X could have followed the statutory process and either paid the fine or appealed to the tribunal. The Council sent Mr X all the documents it was required to send and followed the correct process. It is reasonable to expect Mr X to appeal because the tribunal is the correct organisation to consider appeals about PCNs. The tribunal would have decided if the Council was correct to have issued the PCN.
10. I appreciate the fine has increased but the increased charge correctly reflects the circumstances when someone has not paid a PCN or made a successful appeal.

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Final decision

11. We will not investigate this complaint because Mr X could have followed the statutory process and appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman