Summary: We will not investigate Mrs B’s complaint about a Penalty Charge Notice she received. This is because it is reasonable for Mrs B to put in an appeal to the Traffic Penalty Tribunal.

The complaint

1. Mrs B complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mrs B says she had to park slightly outside the disabled parking bay because scaffolding, which had not been erected in line with the licence, obstructed access. Mrs B says she parked safely without causing an obstruction and the Council was wrong to suggest she should have parked elsewhere. Mrs B says the Council has shown a lack of understanding or compassion towards disabled people.

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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 Act 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 Mrs B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has considered Mrs B’s informal representations but has not cancelled this PCN. If the Council pursues this PCN further it will send to Mrs B a Notice to Owner. Mrs B may then challenge this PCN by putting in formal representations to the Council. If the Council rejects Mrs B’s formal representations, she may put in an appeal to the Traffic Penalty Tribunal.
8. This is the process set out in law for a motorist to challenge a PCN and we generally expect it to be used. The Tribunal is independent of the Council and is in the best position to decide whether a PCN was correctly issued.
9. I find it is reasonable for Mrs B to follow this process and if needed put in an appeal to the Traffic Penalty Tribunal.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs B’s complaint because it is reasonable for her to put in an appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman