The Ombudsman's final decision
Summary: We will not investigate this complaint about penalty charge notices as Mr X had the right to appeal against them to an independent parking tribunal.
The complaint
Mr X complains about penalty charge notices (PCNs) the Council issued to him for parking contraventions. Mr X complains he was not notified that residents’ parking had been suspended and temporary signs at the location were inadequate. Mr X wants the PCNs to be cancelled.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided a statutory appeal procedure to independent parking tribunals (in this case, the Traffic Penalty Tribunal (TPT)), which Mr X could have used to challenge the PCNs. It is reasonable to expect Mr X to have followed the appeal route and therefore as per paragraph two, we will not investigate.
We are not an appeal body, and we cannot cancel the PCNs. This is the role of the TPT.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have followed the statutory appeal procedure to challenge the PCNs.
Investigator's decision on behalf of the Ombudsman