Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect Mrs X to have appealed against it using the appeal procedure provided in law.

The complaint

1. Mrs X complains about being issued with a parking penalty charge notice (PCN) for parking on a double yellow line when she expected as a disabled blue badge holder to be able to park there. Mrs X says she tried to complain but the Council would not discuss the matter. Mrs X wants a refund of the money she paid for the PCN and for the Council to change the signage at the location as she says it is misleading.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I recognise that Mrs X remains unhappy that the Council would not deal with this matter as a complaint. However, we will not investigate as the way to challenge the PCN was via the appeal procedure, provided in law, that was open to Mrs X. We are not another level of appeal and cannot say whether the PCN was valid or not. This was a matter for the appeal process. As such, it is reasonable to expect Mrs X to have appealed and as per paragraph two, we will not investigate.

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Final decision

6. We will not investigate Mrs X’s complaint because it is reasonable to expect her to have used the statutory appeal procedure open to her to challenge the PCN.

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Investigator's decision on behalf of the Ombudsman