Mid Sussex District Council (25 024 149)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 11 May 2026
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about a Penalty Charge Notice. It would have been reasonable for Mrs X to appeal to the Traffic Penalty Tribunal.
The complaint
- Mrs X complains she received a Penalty Charge Notice (PCN) when parking in a bay with unclear signage.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
- 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)
- The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
- I considered information from Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X received a PCN when parking in a bay located next to disabled bays. Mrs X has a blue badge and says she was not aware the bay she parked in was not a disabled bay due to poor signage.
- When a motorist receives a PCN they have 28 days to pay the fine or appeal it if they disagree with it. An appeal at this stage is called an ‘informal challenge’. If the Council decides not to accept an informal challenge, the motorist can make formal representations against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal.
- It would have been reasonable for Mrs X to appeal to the Traffic Penalty Tribunal using the process set out above after the Council rejected her representations. The tribunal could consider if the signage was inadequate for her as a blue badge holder.
Investigator's decision on behalf of the Ombudsman