The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking fine as Mrs X can appeal against it to the Traffic Penalty Tribunal.
The complaint
Mrs X complains the Council issued her with a penalty charge notice (PCN) for not displaying a ticket which showed she had paid to park. Mrs X says she did pay to park but the ticket machine did not produce a ticket. Mrs X also complains about confusing signs about how to pay. Mrs X wants the Council to waive the PCN and change its signage.
The Ombudsman’s role and powers
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 rejected Mrs X’s initial representations against the PCN. It is open to Mrs X to make a formal appeal to the Council next and if that is rejected, to appeal to the Traffic Penalty Tribunal (TPT). The TPT is the independent body which Parliament has provided to deal specifically with such matters. It can cancel the PCN; we cannot.
It is reasonable to expect Mrs X to follow the appeal process provided in law and as such, we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because she can appeal against the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman