Summary: We will not investigate Mr B’s complaint about a Penalty Charge Notice he received for an alleged parking contravention. This is because it was reasonable for Mr B to follow the statutory representations and appeal process.

The complaint

1. Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mr B complains the Council has refused to refund the £25 he paid to cancel this PCN.

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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. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside 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 receiving a Notice to Owner. If the local authority rejects these representations, the motorist may put in an appeal to the Traffic Penalty Tribunal (for authorities outside London).
8. The Tribunal is independent and 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. Once a PCN has been paid it is cancelled. A motorist cannot pay a PCN and challenge it.
10. Rather than pay this PCN, Mr B could have challenged it by following the representations and appeals process. I find it was reasonable for him to do this. We would not criticise a local authority for not refunding a payment to cancel a PCN in such circumstances.
11. So, we will not investigate this complaint.

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Final decision

12. We will not investigate Mr B’s complaint because it was reasonable for him to put in representations to the Council, and if needed, appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman