Summary: We will not investigate Mr B’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because it was reasonable for Mr B to put in an appeal to London Tribunals.

The complaint

1. Mr B complains the Council wrongly rejected his representations in response to a Penalty Charge Notice (PCN) he received for an alleged parking contravention. Mr B says the restrictions in place were not clear from a motorist’s perspective and the Council disregarded his evidence. Mr B would like the Council to refund the £80 he paid to cancel this PCN. Mr B would also like the Council to explain why his evidence was not properly considered and how the Council will improve its processes.

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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 Act 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A motorist may pay a PCN to cancel it. Or, the motorist may follow the statutory representations and appeals process to challenge a PCN. This involves the motorist making formal representations to the local authority after the authority sends a Notice to Owner. If the local authority rejects these representations, the motorist may put in an appeal to London Tribunals (for authorities in London). A motorist cannot pay a PCN and use this appeal process.
8. The Tribunal is independent and has the power to cancel a PCN. The process is free to use and relatively straightforward. We generally expect motorists to use this process if they consider a PCN was wrongly issued.
9. Rather than pay this PCN, Mr B could have put in an appeal to London Tribunals to challenge this PCN. I find it was reasonable for Mr B to do this. The Tribunal was in the best position to decide the issue Mr B complains about.
10. So, we will not investigate Mr B’s complaint.

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Final decision

11. We will not investigate Mr B’s complaint because it was reasonable for him to put in an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman