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

The complaint

1. The complainant, Mr X, complains about a Penalty Charge Notice (PCN). He wants the Council to cancel the PCN because he had a parking 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 Mr X. I also considered our Assessment Code.

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My assessment

6. The Council issued a PCN for parking in a bay without a valid permit. Mr X challenged the fine and said he had a valid permit. The Council acknowledged the permit but said he had parked in a bay where his permit was not valid. It said there are different bays for pay and display tickets, and for permits. The Council gave Mr X another chance to pay the fine at the reduced rate. Alternatively, the Council said he could wait for the Notice to Owner and make a formal challenge. The Council said he would then have appeal rights to the tribunal.
7. Mr X did not pay and did not respond to the Notice to Owner or the following Charge Certificate. Mr X contacted the Council again after it had registered the fine in court and sent an Order for Recovery. The Council told Mr X he could pay or apply to the court for a witness statement.
8. I will not start an investigation because Mr X could have followed the statutory process. He could have made a formal challenge using the Notice to Owner and then appealed to the tribunal if the Council rejected his challenge. It is reasonable to expect Mr X to appeal because the tribunal is the correct body to consider PCN appeals. The tribunal could have decided if Mr X had a valid permit for the bay he parked in. If appropriate, the tribunal has the power to cancel a PCN – we do not have that power.

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Final decision

9. We will not investigate this complaint because Mr X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman