Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. It would be reasonable to expect the complainant to have used the statutory representations and appeals procedure. Additionally, we cannot achieve the outcome X wants.

The complaint

1. X says the Council was wrong to have issued a Penalty Charge Notice because they intended to make a payment, but the ticket machine, they intended to use operates a card only payment method. X is unhappy about this and wants a refund of their charge.

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The Ombudsman’s role and powers

2. 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)
3. The Traffic Penalty Tribunal considers parking appeals in England, not including London.
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. X was unhappy that the Council issued them with a PCN. They said the ticket machine operates a card only payment method and they had intended to buy a ticket, allowing them to park, using cash. They were also unhappy that cash is no longer accepted.
7. We will not investigate this complaint. Where a person has not accepted liability for a PCN we expect them to use the statutory representations and appeal procedure, if they believe they are not liable to pay a PCN.
8. Where a person has accepted liability by paying a PCN, there is nothing we can do to resolve their complaint. Unlike the Tribunal, we cannot direct the Council to re-imburse a person’s PCN. Nor can we tell the Council it should introduce ticket machines that allow for both cash and card payments.

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Final decision

9. We will not investigate this complaint because it would be reasonable for the complainant to have used the representations and appeals procedure and we cannot achieve what X is looking for.

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Investigator's decision on behalf of the Ombudsman