Summary: We will not investigate this complaint about how the Council considered Mr X’s representations against a parking penalty charge notice as it is reasonable to expect Mr X to have appealed to London Tribunals against the fine.

The complaint

1. Mr X complains the Council failed to exercise its discretion to cancel a parking penalty charge notice (PCN) after Mr X explained he had parked in a state of distress following a cancer diagnosis. Mr X feels the Council’s responses have been dismissive and de-humanising.

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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 Council considered Mr X’s representations against the PCN but decided the personal circumstances he had described did not warrant the cancellation of the PCN.
7. At this point, Mr X had the right to formally challenge the PCN and if the Council again refused to cancel it, Mr X could have appealed to the independent adjudicators at London Tribunals (LT). LT could have considered Mr X’s mitigation and decided whether the Council ought to give further consideration to whether to cancel the PCN. LT is best placed to make such a determination, and it is reasonable to expect Mr X to have followed the appeal procedure provided in law. We are not an alternative appeal in this process, and we are not empowered to make the decisions that LT can.
8. That Mr X chose to pay he PCN rather than continue to challenge it does not impact on my decision.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed against the PCN to LT.

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Investigator's decision on behalf of the Ombudsman