Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can follow the statutory process and appeal to the tribunal.

The complaint

1. The complainant, Mr X, disputes a Penalty Charge Notice (PCN) because he used the machine to register for 30 minutes of free parking and returned within that time. Mr X wants the Council to accept his appeal.

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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. London Tribunals considers parking and moving traffic offence appeals for London.

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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.

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My assessment

6. The Council issued a PCN. Mr X challenged the fine and said he had used the machine and registered for 30 minutes of free parking. The Council rejected his challenge. The Council said Mr X could pay or wait for the Notice to Owner (NTO) which would allow him to make a formal challenge and appeal to the tribunal.
7. The Council sent a NTO to Mr X which gave him the opportunity to pay or make a formal challenge within 28 days. Mr X made a formal challenge which the Council received two days after the 28 day deadline. Councils can exercise discretion to accept a late challenge but may decide to disregard it.
8. From the documents I have seen the Council is still in the process of considering Mr X’s formal challenge.
9. I will not start an investigation because Mr X can continue with the statutory process and appeal to the tribunal. It is reasonable for Mr X to appeal because the tribunal is the correct organisation to consider PCN appeals. We are not an appeal body and it is not my role to decide if the Council was right to issue the PCN. I do not know if the Council will accept Mr X’s late challenge but, if not, we would still not intervene as it was open to Mr X to ensure his challenge was on time and, as a result, maintain his appeal rights to the tribunal.

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Final decision

10. We will not investigate this complaint because Mr X can follow the statutory process and appeal to the tribunal.

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Investigator's decision on behalf of the Ombudsman