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

The complaint

1. Miss X says the Council did not properly consider her representations about a Penalty Charge Notice (PCN) for an alleged traffic contravention. Miss X used a hire vehicle while her authorised disability exempt vehicle was being repaired. Miss X says the Council has no process to temporarily transfer the exemption and as a result many PCNs were issued. Some of the PCNs have been cancelled. Miss X says the Council should also cancel any remaining PCNs.

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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. We will not investigate this complaint because it would be reasonable for the complainant to use the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman