The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council issuing the complainant with a penalty charge notice. This is because the law provides a right of appeal against the penalty charge notice and it would have been reasonable to expect her to use that right.
The complaint
The complainant, Mrs A, complained the Council issued her with a penalty charge notice (PCN) despite having brought a ticket allowing her to park.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) 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 another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Mrs A has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.
My assessment
Mrs A told us she paid for a pay and display ticket and placed it in her vehicle window. On return to her vehicle, a PCN had been issued. Mrs A told us she provided proof of her ticket to the Council. It told her she had not displayed the ticket properly.
If someone believes a PCN was incorrectly issued, or that there are special circumstances in their case, they can make an appeal. Mrs A had a right of appeal against the PCN 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 PCN.
Mrs A decided to pay the amount rather than challenge the PCN. However, I consider it would have been reasonable to expect her to have appealed. She could have challenged the PCN on the basis she did display the ticket. We are not an appeal body with powers to consider PCN appeals.
Final decision
We will not investigate Mrs A’s complaint because the law provides a right of appeal against the penalty charge notice and it would have been reasonable to expect Mrs A to use that right.
Investigator's decision on behalf of the Ombudsman