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 issued her with a Penalty Charge Notice (PCN) for parking in a residents parking area without a valid permit. Miss B says she has a valid residents parking permit and the alleged contravention took place very close to her home. Miss B says the signs in this area are identical and the Council has not made clear the boundaries for residents parking schemes or the zone her permit is for. Miss B says without this information she does not know where she is allowed to park her car.

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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.
8. If the local authority rejects these representations, the motorist may put in an appeal to the Traffic Penalty Tribunal (for authorities outside London). A motorist cannot pay a PCN and use this appeal process.
9. 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.
10. The Council has rejected Miss B’s informal representations against this PCN. Miss B may challenge this PCN further by waiting for the Council to send her a Notice to Owner and then putting in formal representations. If the Council again rejects Miss B’s representations, Miss B may put in an appeal to the Traffic Penalty Tribunal.
11. I find it is reasonable for Miss B to do this. The Tribunal is in the best position to decide if this PCN was correctly issued by the Council. This would include consideration of Miss B’s concerns about the operation of this permit scheme and the signs used by the Council in these locations.
12. So, we will not investigate this complaint.

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Final decision

13. 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