Summary: We will not investigate this complaint about some Penalty Charge Notices because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, Ms X, complains about Penalty Charge Notices (PCNs) she received. She thinks the Council should cancel the fines because she had paid for a monthly parking permit although she admits she registered her former car for the permit.

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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 Ms X and our Assessment Code.

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My assessment

6. The Council issued PCNs for parking without proof of payment or a permit.
7. Ms X challenged the fines. She provided proof she had paid for a monthly permit but said she had accidentally registered her old car. She supplied proof of payment which showed she had paid for parking for her old car.
8. The Council rejected her challenge. It agreed she had paid for a permit but not for the car she had parked. It said she had received previous fines for the same contravention which should have alerted her to the issue. The Council said she could pay the fine or wait for the Notice to Owner, follow the statutory process, and then appeal to the tribunal. This process applies to all the PCNs Ms X received.
9. I will not start an investigation because Ms X could have followed the statutory process, and appealed to the tribunal, for all the PCNs she received. It is reasonable to expect Ms X to appeal because the tribunal is the correct body to consider PCN appeals. If appropriate, the tribunal has the power to cancel a PCN – we do not have that power. The tribunal is free to use and the Council notified Ms X of her appeal rights. We are not an appeal body and it is not our role to decide if the Council should have issued the PCNs.
10. Ms X says the fines have increased to £600. This is unfortunate but reflects what happens if someone neither pays nor successfully appeals a PCN.

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Final decision

11. We will not investigate this complaint because Ms X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman