Summary: We will not investigate Mrs B’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Mrs B to put in formal representations to the Council, and if needed, appeal to London Tribunals.

The complaint

1. Mrs B complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged parking contravention. Mrs B says her parking permit was clearly visible on the floor of her car and the PCN states the wrong location. Mrs B complains the Council has wrongly not accepted her initial challenge to this PCN. Mrs B would like the Council to cancel this PCN and pay her compensation for the distress she has suffered.

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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. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Mrs 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 London Tribunals (for authorities in 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. The Council has rejected Mrs B’s informal representations in response to this PCN. Mrs B may challenge this PCN further by putting in formal representations after receiving a Notice to Owner, and if needed putting in an appeal to London Tribunals. I find it is reasonable for Mrs B to do this and the Tribunal is in the best position to decide if this PCN was properly issued.
10. So, we will not investigate this complaint.

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Final decision

11. We will not investigate Mrs B’s complaint because it is reasonable for Mrs B to put in formal representations, and if needed, appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman