Summary: We cannot investigate Mr X’s complaint about a parking penalty charge notice as he appealed against it to London Tribunals and the matter is now no longer within our remit. We will not investigate Mr X’s broader complaint about the Council’s enforcement policy as the law provides a specific appeal process for motorists to challenge such penalties.

The complaint

1. Mr X complains the Council has no framework for considering its discretion in response to appeals against penalty charge notices (PCN) it issues. Mr X feels he was a victim of disability discrimination in the way the Council considered his own appeal against a parking PCN. Mr X has been impacted by the financial cost of the PCN and the time he has spent trying to get the Council to implement such a policy.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the matter. (Local Government Act 1974, section 26(6), as amended)
4. The law 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. As per paragraph three, since Mr X appealed his own PCN to London Tribunals (LT), we can no longer investigate that matter.
8. I recognise Mr X has broader concerns and wishes to see the Council adopt a formal policy which sets out how it uses its discretion in considering appeals against PCNs on mitigating circumstances. However, we will not investigate as the law provides an appeal route to tribunal independent adjudicators through which mitigation can be considered. If the adjudicator accepts there were mitigating circumstances not covered by the statutory appeal grounds, they have the power to refer a PCN back to the council for reconsideration. The council must then consider the matter afresh, taking full account of any observations by the adjudicator, and notify both the appellant and adjudicator of its decision.
9. Where such an appeal right exists, we would not normally investigate, as per paragraph four. In any case, the Councils enforcement policy does indicate it will consider mitigating circumstances in respect of challenges to PCNs, and it has told Mr X is considers such matters on a ‘case by case’ basis. This does not point to the Council fettering its discretion on such matters and as explained, anyone considering this to be so can appeal to the relevant tribunal.

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Final decision

10. We cannot investigate Mr X’s complaint about his own PCN as this is no longer within our legal remit. We will not investigate the Council’s approach to considering mitigating circumstances as there is an appeal right to tribunal for anyone wishing to challenge this in their own PCN case.

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Investigator's decision on behalf of the Ombudsman