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

The complaint

1. Mr X complains about a parking penalty charge notice (PCN) the Council issued to him which it has not cancelled despite him explaining his mitigating circumstances around his parking. 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 in law and a procedure is provided which Mr X can use to challenge the PCN, ultimately by way of an appeal to independent adjudicators at, in this case, the Traffic Penalty Tribunal (TPT). It can decide whether the PCN should stand or not. We are not another level of appeal and cannot take such decisions.
7. It is reasonable to expect Mr X to use his statutory appeal right and we will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal against the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman