The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as there is no indication of fault by the Council and Ms X can appeal against the notice to the Traffic Penalty Tribunal.
The complaint
Ms X complains the Council is being unfair in requiring her to pay a penalty charge notice (PCN) for parking in a disabled bay as she did not see the signs which indicated it as such.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6)) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) The law 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Ms X’s representations against the PCN and explained they do not warrant cancelling it. It has advised Ms X of what she can do next ie make a formal appeal. Ultimately, Ms X can appeal against the PCN to an independent body, the Traffic Penalty Tribunal (TPT).
There is no indication of fault in the way the Council considered Ms X’s representations against the PCN and so we cannot criticise its decision not to cancel it. If Ms X wishes to continue to challenge the PCN, she can make a formal appeal to the Council and then to the TPT. This is the set procedure provided in law and so it is reasonable to expect Ms X to follow it.
For these reasons, we will not investigate.
Final decision
We will not investigate Ms X’s complaint because there is no indication of fault by the Council in how it considered Ms X’s representations and Ms X can appeal against the PCN, ultimately to the TPT.
Investigator's decision on behalf of the Ombudsman