Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. This is because it was reasonable for Miss X to use the appeals procedure.

The complaint

1. Miss X says the Council failed to provide clear and accessible information about paying for parking. She says there was a lack of visible machines, unclear signage, and a confusing payment app led her to pay the wrong provider. As a result, she received two Penalty Charge Notices (PCNs). She says this caused significant stress, especially because she has dyslexia. She has requested a refund, an apology, and improvements to signage and payment processes.

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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. The Council has rejected Miss X’s representations and directed her to the Traffic Penalty Tribunal if she wishes to appeal.
7. We will not investigate this complaint because it was reasonable for Miss X to use the appeals procedure.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman