Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X had the right to appeal against it to London Tribunals.

The complaint

1. Mr X complains the Council did not cancel a parking penalty charge notice (PCN) it had issued to him despite him having explained the health reasons which meant he had to park the car for a short period of time. Mr X feels the Council has discriminated against him on the grounds of health.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law provides a process by which Mr X could have appealed the PCN to an independent tribunal, London Tribunals, to have his case considered. This is a simple, no-cost process and we are not a substitute for it, nor can we determine if the PCN should be cancelled or not. It is reasonable therefore to expect Mr X to have appealed and we will not therefore investigate.

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Final decision

6. We will not investigate Mr X’s complaint because it is reasonable to expect him to appealed against the PCN to London Tribunals.

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Investigator's decision on behalf of the Ombudsman