Summary: We will not investigate this complaint about a parking penalty charge notice as the complainant could have appealed against it to the independent tribunal.

The complaint

1. Miss X complains the Council did not exercise its discretion to cancel a parking penalty charge (PCN) notice it had issued to her despite Miss X explaining the reasons she had parked urgently. Miss X says this has caused her stress and financial hardship.

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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 which Miss X could have used to challenge the PCN. Once the Council rejected Miss X’s initial representations against the PCN, it was open to her to formally appeal to the Council and then, if needed, to the independent parking adjudicators at the Traffic Penalty Tribunal (TPT).
7. This is a free process, and we are not another level of appeal in it. I recognise Miss X remains unhappy with the Council’s response to her initial representations, but this was the way to continue to challenge the PCN and it is reasonable to expect Miss X to have used this appeal right. We will not therefore investigate.

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Final decision

8. We will not investigate Miss X’s complaint because it is reasonable to expect her to have appealed against the PCN to the TPT.

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Investigator's decision on behalf of the Ombudsman