Summary: We will not investigate Dr C’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Dr C to put in formal representations, and if needed, appeal to London Tribunals.

The complaint

1. Dr C complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for allegedly not parking his vehicle wholly within a marked parking bay. Dr C says he did not commit a parking contravention and he would like the Council to cancel this PCN.

Back to top

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

Back to top

How I considered this complaint

5. I considered information provided by Dr C.
6. I considered the Ombudsman’s Assessment Code.

Back to top

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 the authority sends a Notice to Owner. If the local authority rejects these representations, the motorist may put in an appeal to London Tribunals (for authorities in London). A motorist cannot pay a PCN and use this appeal process.
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 responded to Dr C’s informal representations. Dr C may challenge this PCN further by waiting for the Council to send him a Notice to Owner. Dr C may then put in formal representations to the Council, and if needed, put in an appeal to London Tribunals. I find it is reasonable for Dr C to do this.
10. So, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Dr C’s complaint because it is reasonable for him to put in an appeal to London Tribunals.

Back to top

Investigator's decision on behalf of the Ombudsman