Birmingham City Council (25 003 924)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 02 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council is unfairly issuing Penalty Charge Notices during a period of significant roadworks and diversions. This is because it is reasonable for Mr B to challenge these Notices by putting in representations, and if needed, appealing to the Traffic Penalty Tribunal.
The complaint
- Mr B complains the Council is unfairly issuing Penalty Charge Notices (PCNs) for driving in a bus lane during a period when there are numerous road closures, diversions and inconsistent or misleading signage. Mr B says this issue particularly affects his company as drivers are often left with no clear or legal route to use.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- A motorist who receives a PCN may challenge it by putting in formal representations to the Council, and if needed, putting in an appeal to the Traffic Penalty Tribunal (for authorities outside London). This is the process set out in law to challenge a PCN and we generally expect it to be used. The Tribunal is independent of the Council and in the best position to decide whether a PCN was correctly issued. Also, the process is free and relatively straightforward to use.
- I find it is reasonable for Mr B to use this process and I note Mr B has recently put in an appeal to the Traffic Penalty Tribunal against a PCN his company received.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman