Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect Mr X to have appealed against it to the independent tribunal.

The complaint

1. Mr X complains the Council wrongly issued him with a parking penalty charge notice (PCN) as he says the signage at the location was misleading. Mr X wants the PCN to be cancelled.

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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)

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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 set out in law. The law provides a cost free appeal procedure which Mr X had the right to use to challenge the PCN, ultimately to an independent adjudicator at, in this case, London Tribunals (LT). We are not another level of appeal and we cannot make the decisions LT can, that is, whether the PCN should stand or not. It is reasonable to expect Mr X to have followed the statutory appeal procedure and therefore, as per paragraph three, we will not investigate.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have used his right of appeal to LT to challenge the PCN.

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Investigator's decision on behalf of the Ombudsman