Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. It would have been reasonable to expect Mr X to have used the statutory representations and appeals procedure, and only the courts can decide if the Council has breached the Equality Act 2010.

The complaint

1. Mr X says the Council has wrongly issued a Penalty Charge Notice (PCN) and did not properly consider their representations about a Penalty Charge Notice (PCN) for an alleged parking contravention. He also complains about the Council’s handling of the matter, stating that it did not adequately consider its duties under the Equality Act. Mr X said this caused him distress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. 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)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.

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How I considered this complaint

5. I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it would have been reasonable for Mr X to have used the representations and appeals procedure, and only the courts can decide if the Council has breached the Equality Act 2010

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Investigator's decision on behalf of the Ombudsman