Summary: We will not investigate this complaint about Penalty Charge Notice(s) for alleged parking or traffic contravention. It would be reasonable to expect the complainant to use the statutory representations and appeals procedure when they are notified of a Penalty Charge Notice.

The complaint

1. X says the Council has repeatedly wrongly issued Penalty Charge Notices (PCN) to them and despite them telling it about their disabilities, it has failed to make suitable reasonable adjustments. X said this is the case because it continues to issue them with PCN’s. X has also said the Council has continually wrongly interpreted the rules relating to blue badges and parking offence.

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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.

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How I considered this complaint

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

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Final decision

6. We will not investigate this complaint because it would be reasonable for the complainant to use the representations and appeals procedure at the point they are issued with a PCN, if they believe they have mitigating circumstances or believe the offence has not happened.

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Investigator's decision on behalf of the Ombudsman