Bury Metropolitan Borough Council (25 026 472)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 17 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect the complainant to have appealed against it to the independent tribunal.
The complaint
- Mr X complains the Council wrongfully issued him with a parking penalty charge notice (PCN) when, he says, a parking officer had given him permission to park. Mr X says this has caused him to feel anxious. Mr X wants the Council to refund the PCN he paid.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X made an initial challenge against the PCN, but his challenge was rejected. At this point, the cost of the PCN was discounted and Mr X chose to pay to avoid the cost doubling (the law allows for a discounted charge if payment is made within 14 days). Mr X then sought to challenge the PCN via the Council’s complaint procedure. It had however been open to Mr X not to have paid, and to have continued to challenge the PCN using the appeal procedure provided in law, ultimately to independent parking adjudicators at the Traffic Penalty Tribunal (TPT).
- I recognise Mr X paid the PCN to avoid the cost escalating, but the choice is to pay or appeal. I consider it is reasonable to expect Mr X to have followed the appeal process in law, and as per paragraph three, we will not investigate.
Final decision
- We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed against the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman