Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect Miss X to appeal against it to the independent tribunal.

The complaint

1. Miss X complains about a parking penalty charge notice (PCN) the Council issued to her. Miss X says she was unfamiliar with the payment system and did eventually pay the fee to park albeit not immediately. Miss X would like the Council to cancel the PCN.

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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. Parliament has provided an appeal mechanism by which Miss X can challenge the PCN, ultimately by way of an appeal to parking adjudicators at London Tribunals (LT). This process is free. We are not another level of appeal in the process, and we cannot make the decisions LT can. It is reasonable to expect Miss X to appeal therefore, and we will not investigate.

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Final decision

7. We will not investigate Miss X’s complaint because it is reasonable to expect her to appeal against the PCN to LT.

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Investigator's decision on behalf of the Ombudsman