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

The complaint

1. Mr X complains the Council unfairly issued a Penalty Charge Notice (PCN) and towed his car when his resident’s permit expired.
2. He says he submitted an appeal but the Council failed to respond within statutory timescales and he spent months chasing responses.
3. He says he incurred expenses; towing fees, lost earnings due to the car being towed and experienced significant stress and frustration which was made worse by the Council’s lack of communication.

He would like the Council to:

• Provide a proper final response to his appeal and complaint.
• Refund the £360 paid for the PCN and vehicle removal.
• Acknowledge the unreasonable delays and poor handling of the case
• Review its procedures about the issuing of PCNs in his circumstances

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
5. 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)
6. 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

7. I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.

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My Assessment

8. The Council had sent Mr X three reminders to renew his resident’s permit. As the permit was not renewed, the Council issued a PCN for parking in a resident’s parking space without a valid permit.
9. Mr X made representations to the Council on the day the PCN was issued and the Council served a Notice of Rejection within 56 days.
10. The Council also told Mr X how he could appeal. I consider it would have been reasonable to expect Mr X to use this right of appeal if he did not agree with the decision to issue the PCN and therefore the Ombudsman will not investigate.

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Final decision

11. We will not investigate this complaint because it would have been reasonable for the complainant to use the appeals procedure.

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Investigator's decision on behalf of the Ombudsman