Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because it would have been reasonable for Mr X to appeal to London Tribunals.

The complaint

1. Mr X complains the Council acted unfairly and did not enforce the parking rules in a consistent way. The parking restriction timeplate was defaced, but the Council still enforced some cases, cancelled others, and gave a warning on another day. It then used a cancelled Penalty Charge Notice (PCN) as a warning to claim he knew the restriction, which Mr X believes is unfair. The Council did not explain these mixed decisions or deal with the damaged sign. Its adjudication notes also did not give a clear or fair picture of what happened at this site.

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The Ombudsman’s role and powers

2. 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).
3. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X challenged the PCN saying it was issued incorrectly and unfairly. The Council explained and provided photographic evidence that the parking bay was clearly marked for permit holders. The Council also said the area is part of a Controlled Parking Zone, and drivers are expected to check the signs before leaving their car. Because of this, said the Council explained the penalty was issued correctly.
7. Parliament has provided an appeal mechanism whereby motorists can challenge PCNs. This begins with the right to challenge a PCN and make formal representations against it to the Council and, if the Council refuses to accept them, the motorist may appeal to an independent body, in this case London Tribunals.
8. We are not another level of appeal and do not have the same powers as the Tribunal to adjudicate on PCNs. It is reasonable therefore to expect Mr X to have used his appeal right and because of this we will not investigate.

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Final decision

9. We will not investigate Mr X’s complaint because it reasonable for him to us his appeal rights to London Tribunals.

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Investigator's decision on behalf of the Ombudsman