Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. It would be reasonable to expect Mr and Mrs X to use the statutory representations and appeals procedure. For the remainder, we will not investigate because we cannot achieve the outcome Mr and Mrs X want.

The complaint

1. Mr and Mrs X complain the Council has wrongly issued a Penalty Charge Notice (PCN) and did not properly consider their representations for an alleged parking contravention.
2. Mr and Mrs X also said the Council did not make reasonable adjustments in line with the Equality Act 2010.
3. Mr and Mrs X said this caused distress.
4. Mr and Mrs X want the Council to cancel the PCN and pay compensation of £9000 for its failure to adhere to the Equality Act.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
6. 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)
7. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.
8. 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

9. I considered information provided by Mr and Mrs X.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. We consider our powers on what we could achieve as part of our consideration of whether an alternative remedy exists and whether it is reasonable for a person to use it.
12. We will not investigate this part of Mr and Mrs X’s complaint. The Traffic Penalty Tribunal was set up to consider appeals against PCNs, and it is reasonable for them to use it.
13. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal. 
14. We will therefore not investigate this part of Mr and Mrs X’s complaint. As we cannot award compensation, we cannot achieve the outcome Mr and Mrs X want.

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Final decision

15. We will not investigate Mr and Mrs X’s complaint as it is reasonable to expect them to appeal to the Traffic Penalty Tribunal. For the remainder, we will not investigate because we cannot achieve the outcome Mr and Mrs X want.

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Investigator's decision on behalf of the Ombudsman