Summary: We will not investigate this complaint about a Penalty Charge Notice because it is reasonable to have expected Miss Y to have used the statutory representations and appeals procedure.

The complaint

1. Miss Y says she paid two Penalty Charge Notices (PCNs) in good faith but believes these should be refunded now that a separate case has ruled the signage at the location was not adequate to properly alert motorists. The Council says that payment made to settle PCNs are viewed as a de facto acceptance of liability for the contravention on the part of the motorist.

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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 Miss Y and the Council and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it is reasonable to have expected Miss Y to have used the statutory representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman