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

The complaint

1. Mr X says the Council has wrongly failed to cancel a Penalty Charge Notice (PCN) after his representations against it. Mr X says he had been unable to purchase a parking ticket as the parking app was not working. Mr X says he has been put to time and trouble in challenging the PCN which he considers should be cancelled.

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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 Ombudsman’s Assessment Code.

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My assessment

6. The law under which PCNs are issued provides a no-cost appeal process by which Mr X can challenge his PCN, ultimately to independent parking adjudicators at London Tribunals. They can decide if the PCN is valid or whether it should be cancelled. We are not empowered to do this and so it is reasonable to expect Mr X to follow the statutory appeal process and we will not investigate.

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Final decision

7. We will investigate this complaint because it would be reasonable for the complainant to use the representations and appeals procedure provided in law.

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Investigator's decision on behalf of the Ombudsman