Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. It would be reasonable to expect Ms X to use the statutory representations and appeals procedure.

The complaint

1. Ms X complains the Council has not properly investigated her appeal and complaint for a Penalty Charge Notice (PCN) she received for parking in a suspended bay. Ms X complains the Enforcement Officer behaved poorly and the Council have not investigated this properly.

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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.
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information from Miss X and the Council.
7. I have considered the Ombudsman’s Assessment Code.

My assessment

8. Ms X received a PCN for parking in a suspended bay. Ms X says the signs did not make it clear the parking bay was suspended. She complains the Council did not properly investigate before rejecting her representations.
9. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as informal challenges. If the Council decides not to accept an informal challenge, the motorist can make formal representations against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to London Tribunals.
10. If the motorist does not pay or make formal representations the council will issue a charge certificate, increasing the amount payable by 50%. It may then apply to the TEC to register the debt, before directing enforcement agents bailiffs to recover it.
11. Had Ms X wished to challenge the PCN it would have been reasonable for her to do so using the statutory process set out above. The London Tribunals can decide about whether the PCN would be upheld or cancelled, which we the Ombudsman cannot do. It is reasonable to expect Ms X to appeal to the London Tribunals in this case.
12. We will not investigate how the Council dealt with Ms X’s complaint about allegations against enforcement agents as we would not be able to add anything to the investigation carried out by the Council.
13. We will also not investigate how the Council dealt with Ms X’s complaint as it is not a good use of public resources to investigate complaints about complaint handling when we are not looking at the substantive issue.

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Final decision

We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. It would be reasonable to expect Miss X to use the statutory representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman