Summary: We will not investigate Ms X’s complaint that the Council wrongly issued her with Penalty Charge Notices. This is because it was reasonable for Ms X to appeal to London Tribunals.

The complaint

1. Ms X complained the Council failed to transfer her residents parking permit to her courtesy car. She said it also failed to consider her blue badge application when issuing Penalty Charge Notices (PCNs) to the courtesy car.
2. Ms X said this caused emotional distress and financial strain. She wanted the Council to:
• reimburse her all PCNs and financial losses;
• provide financial compensation;
• acknowledge its alleged failures; and
• review its internal policies and procedures.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

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

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My assessment

8. Ms X said she asked the Council to transfer her residents parking permit to her courtesy car following a road traffic collision. She said the Council told her it could not be done. At this time she was also awaiting response to a blue badge application.
9. Ms X said she left notes in the vehicle explaining the circumstances but despite this, three PCNs were issued to her courtesy car. She paid these to a total cost of £520.
10. If a motorist breaks parking rules, they might receive a PCN. The motorist has 28 days to pay the fine or appeal. This is called an ‘informal challenge’. The fine is usually halved if it is paid within 14 days or within 21 days if the notice was sent by post.
11. If the Council rejects an informal challenge, it will write and say why. If the motorist accepts what the authority says, they can pay the fine. If they do not accept what it says, they should wait for the Council to send them a letter and form called a ‘notice to owner’. They can then make ‘representations’ against the PCN.
12. The Council has 56 days to reply to representations. If it does not reply within that time, it must cancel the fine.
13. If the Council rejects a formal appeal, the motorist can appeal to an independent tribunal called London Tribunals.
14. We generally expect this process to be used. The tribunal is independent and has the power to refer the matter back to the Council for it to further consider mitigating circumstances.
15. Rather than pay the PCNs, Ms X reasonably could have made representations explaining her circumstances. If needed, she then could have appealed to London Tribunals. There is not a good reason for us to investigate a complaint about the matter instead. For this reason, we will not investigate this complaint.

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Final decision

16. We will not investigate Ms X’s complaint because it was reasonable for her to make representations, and if needed, appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman