Summary: We will not investigate Mr X’s complaint about a parking penalty charge notice issued by the Council. It would have been reasonable for Mr X to appeal to London Tribunals.

The complaint

1. Mr X complains the Council failed to properly consider his mitigating circumstances when pursuing him for payment of a parking penalty charge notice it issued to him for parking in a space without the correct valid permit.

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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 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council issued Mr X a PCN for parking in a space without displaying a valid permit. Mr X told the Council he had bought the wrong parking permit because of incorrect advice from the Council. The Council rejected Mr X’s challenge stating it is a motorist’s responsibility to apply for the correct permit.
8. Mr X argues the Council did not properly consider his mitigating circumstances. An adjudicator at London Tribunals can consider whether a council has properly considered arguments about mitigating or compelling circumstances. So, the restriction in paragraph 3 applies to this complaint. As the law expressly provides this route for deciding such matters, we normally expect people to use it.The Council told Mr X about his appeal right several times, so he knew about it. Appealing is usually free and relatively simple. I understand Mr X had caring responsibilities and was dealing with a bereavement, but I do not consider those factors made it unreasonable to expect him to appeal. Overall, it is reasonable to expect Mr X to have appealed to London Tribunals when he had the right.

Final decision

9. We will not investigate this complaint because it would have been reasonable for Mr X to use his right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman