Summary: We will not investigate this complaint about a penalty charge notice. This is because Mr X has the right to appeal to a tribunal, and it is reasonable to expect him to have used this.

The complaint

1. Mr X complains that she was wrongly issued a Penalty Charge Notice (PCN) and wants it cancelled. He had a valid permit for the public car park, which ended at midnight on the last day of the fair. When he tried to return, he says a fair blocked the car park, so he could not reach his space. He was told the ticket would be put on hold while his complaint was reviewed, but this never happened.

Back to top

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).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X complains about a PCN being issued incorrectly by the Council. The Council says Mr X could have paid to extend his permit or paid the extra time between when the permit ended and when his car was taken away. The Council has issued a Notice to Owner.
6. I will not investigate this complaint. Mr X has the right of appeal to Traffic Penalty Tribunal, and we consider it reasonable to expect her to use this right.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because he has appeal rights to Traffic Penalty Tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman