Summary: We will not investigate Miss B’s complaint about a Penalty Charge Notice she received for an alleged parking contravention. This is because it is reasonable for Miss B to put in an appeal to the Traffic Penalty Tribunal.

The complaint

1. Miss B complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged parking contravention. Miss B says she paid for parking and the Council has wrongly refused her representations. Miss B would like the Council to cancel this PCN and apologise.

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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 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.

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How I considered this complaint

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

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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 after receiving a Notice to Owner. 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. The Council has rejected Miss B’s informal representations in response to this PCN. Once the Council issues Miss B with a Notice to Owner, she may put in formal representations to the Council. If the Council again rejects Miss B’s representations, she may put in an appeal to the Traffic Penalty Tribunal.
10. I find it is reasonable for Miss B to do this and the Tribunal is in the best position to decide if this PCN was correctly issued by the Council.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman