The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council should not have issued a penalty charge notice for a parking contravention. The complainant had a right of appeal to a tribunal.
The complaint
The complainant, who I refer to here as Mr B, complained because the Council issued a penalty charge notice for a parking contravention. Mr B says the Council’s evidence is false.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr B. I also considered our Assessment Code.
My assessment
The Council enforces parking restrictions and takes recovery action using procedures set out in the Traffic Management Act 2004 and associated Regulations. Councils and motorists must follow these procedures.
Mr B had a right of appeal against the penalty charge notice to the Traffic Penalty Tribunal (TPT) which is a statutory tribunal. An appeal to the TPT is free and relatively easy to use. It is also the way in which Parliament expects people to contest a penalty charge notice. For these reasons, the restriction I describe in paragraph 2 would generally apply.
The Council issued a penalty charge notice by post because it believed Mr B had parked where this was not allowed. The penalty charge notice explained he could either pay or make representations to the Council and appeal if it rejected them.
The penalty charge was £70 although the Could accept a discounted amount of £35 if Mr B paid within 14 days. Mr B chose to pay the discounted amount and the Council closed the case.
Final decision
We will not investigate Mr B’s complaint because it was reasonable for him to have appealed if he thought the Council should not have issued the penalty charge notice.
Investigator's decision on behalf of the Ombudsman