Summary: We will not investigate Mr Y’s complaint about the Council’s handling of Mr Y’s Penalty Charge Notice. This is because another body is better placed to consider the complaint. It is reasonable to expect Mr Y to appeal to the court and the tribunal about the matter.

The complaint

1. Mr Y complained the Council failed to properly consider his representations and complaint about a Penalty Charge Notice (PCN), issued enforcement documents unlawfully, and failed to follow statutory guidance and its own procedures.
2. Mr Y says the issue has caused him upset, distress, frustration and inconvenience.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by Mr Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr Y received a PCN for parking in a loading bay. Mr Y says he was unloading his vehicle and appealed the PCN with the Council.
9. The Council rejected his representations. The Council says the Civil Enforcement Officer watched the vehicle for 8 minutes and saw no loading or unloading take place.
10. Mr Y disagreed and said the Civil Enforcement Officer did not make any checks to see if loading or unloading was taking place.
11. After the Council rejected his representations, Mr Y had a further right to appeal to the Traffic Penalty Tribunal. Mr Y did not do this.
12. The Tribunal can consider how the Council dealt with Mr Y’s appeal, and whether it followed the correct process in considering his representations. If it finds that it did not consider his representations properly, it can then consider the issues Mr Y has raised as the reasons why the PCN is either invalid or should not be enforced.
13. A person must make an appeal to the Tribunal within 28 days of a Notice of Rejection to representations being issued. As this time has passed, Mr Y will need to approach the Traffic Enforcement Centre to seek permission to appeal to the Traffic Penalty Tribunal after the deadline.
14. The appeal is free, informal and simple to use. An appeal can be made in writing or in person. The Tribunal can also make reasonable adjustments if needed.
15. Mr Y has given no other reason why it would not be reasonable to expect him to appeal to the Court and Tribunal. So, it is reasonable to expect Mr Y to use his right of appeal to the Traffic Enforcement Centre and then the Traffic Penalty Tribunal.
16. Further, the Tribunal has been set up to consider the type of issues Mr Y has raised and has the power itself to cancel the PCN if warranted. It is therefore better placed than the Ombudsman, who can only ask the Council to consider cancelling the PCN. We will therefore not investigate.
17. Mr Y says the Council failed to acknowledge and respond to informal complaints. It is not a good use of public resources to investigate complaints about complaint procedures, if we cannot deal with the substantive issue. So, we will not investigate how the Council dealt with or responded to the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman