The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice as it is reasonable to expect Mr X to appeal against it to London Tribunals.
The complaint
Mr X complains the Council has erected a parking prohibition sign at a height which means that he, as a wheelchair user, was unable to see it. Mr X complains about the penalty charge notice (PCN) the Council issued to him which he says has caused him great distress. Mr X wants the Council to cancel the PCN.
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
Parliament has provided an appeal mechanism for motorists to challenge PCNs, which culminates in an appeal to an independent tribunal. Mr X has the right to make an appeal to London Tribunals, if the Council does not itself decide to cancel the PCN. The Tribunal can consider if the parking prohibition was properly signed and whether the PCN was valid.
It is reasonable to expect Mr X to use this right and therefore, as per paragraph two, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal against the PCN to the independent tribunal.
Investigator's decision on behalf of the Ombudsman