Summary: We will not investigate Mr B’s complaint about Penalty Charge Notices he received for alleged moving traffic contraventions. This is because it was reasonable for Mr B to put in formal representations, and if needed, appeal to the Traffic Penalty Tribunal.

The complaint

1. Mr B complains the Council unfairly issued him with two Penalty Charge Notices (PCNs) for alleged moving traffic contraventions. Mr B says there was not enough signage to alert him to these restrictions and he is new to the area. Mr B would like the Council to refund the money he paid to cancel these PCNs.

Back to top

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 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)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. A motorist may pay a PCN to cancel it. Or, the motorist may follow the statutory representations and appeals process to challenge a PCN. This involves the motorist making formal representations to the local authority. If the local authority rejects these representations, the motorist may put in an appeal to the Traffic Penalty Tribunal (for authorities outside London).
8. The Tribunal is independent and has the power to cancel a PCN. The process is free to use and relatively straightforward. We generally expect motorists to use this process if they consider a PCN was wrongly issued.
9. Rather than pay these PCNs, Mr B could have challenged these PCNs by using this process. I find it was reasonable for Mr B to do this and the Tribunal was in the best position to decide if these PCNs were correctly issued by the Council.
10. So, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to the Traffic Penalty Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman