Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. The complainant has used the statutory representations and appeals procedure. Nor will we investigate a complaint the Council did not make reasonable adjustments for X. We are satisfied with the actions the Council has taken.

The complaint

1. X says the Council has wrongly issued a Penalty Charge Notice (PCN) and did not properly consider their representations about a PCN, for an alleged traffic contravention. X also said the Council failed to properly consider their representations about their disabilities or make reasonable adjustments for them. X wants the Council to refund the PCN.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. 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. If the person has already appealed we have no power to investigate. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

6. I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.

Back to top

My assessment

7. X complained the Council wrongly issued a PCN and did not properly take account of their representations. We cannot investigate this part of the complaint because the law does not allow us to investigate where someone has already used an appeal right.
8. X said the Council failed to properly consider their disabilities when it communicated with them and did not make reasonable adjustments for them as a disabled person.
9. In the Council’s responses I have seen, the Council acknowledged X stated they were a disabled person and offered to extend the period where X could attract a discounted rate of the PCN it had issued. It also interviewed the officer who issued the initial PCN, to obtain their account of X’s complaint.
10. I am satisfied these actions are an appropriate response here and will not investigate this part of X’s complaint.

Back to top

Final decision

11. We cannot investigate this complaint about a PCN because the complainant has already used the representations and appeals procedure. And of the parts remaining we are satisfied with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman