Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect the registered keeper, or Miss X on his behalf, to have appealed against it to the independent tribunal.

The complaint

1. Miss X complains about a parking penalty charge notice (PCN) she incurred when she was driving Mr X’s car. Miss X explained to the Council that she parked where she did in an emergency as she was pregnant and needed to use the bathroom urgently and another parking space was blocked by an abandoned car that was hazardous. Miss X is unhappy that the Council did not cancel the PCN.

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The Ombudsman’s role and power

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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The enforcement of PCNs is a legal process. The process provides an appeal mechanism by which the registered keeper of the vehicle, Mr X, or Miss X, under his authorisation, could have challenged the PCN to independent parking adjudicators at London Tribunals (LT).
7. We are not another level of appeal in this process and cannot make the decisions LT is empowered to. It is reasonable therefore to expect an appeal to LT to have been made and we will not investigate, as per paragraph three.

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Final decision

8. We will not investigate this complaint because it is reasonable for the registered keeper, or Miss X on his behalf, to have appealed against the PCN to LT.

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Investigator's decision on behalf of the Ombudsman