The Ombudsman's final decision
Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant can use the statutory process and appeal to the tribunal.
The complaint
The complainant, whom I refer to as Mr X, says the Council should cancel a Penalty Charge Notice (PCN) and pay compensation because he has shown he paid for a parking permit.
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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Mr X. I also considered the Ombudsman’s Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
If someone disagrees with a PCN they can make an informal challenge. If the Council rejects the challenge the person can pay the fine or make a formal challenge using the Notice to Owner. If the Council rejects the formal challenge the person can appeal to the tribunal.
The Council issued a PCN for parking in a bay without displaying a permit. Mr X made an informal challenge and provided documents which he says prove he had paid for a permit. The Council rejected his challenge and said it could not find a permit linked to his vehicle. The Council gave Mr X another 14 days to pay the fine at the reduced rate or said he could wait for the Notice to Owner and make a formal challenge.
Mr X says he has demonstrated he had a permit and can see this when he logs onto the Council’s website.
I will not investigate this complaint because Mr X can follow the statutory process. He can wait for the Notice to Owner and, if the Council rejects his next challenge, he can appeal to the tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider PCNs appeals. The tribunal can consider Mr X’s submission that he had a permit and, if appropriate, cancel the PCN – we do not have that power. The tribunal does not usually award costs but may, in rare circumstances, do so if the adjudicator decides either party has acted “frivolously, vexatiously or wholly unreasonably in bringing the appeal.”
Final decision
We will not investigate this complaint because Mr X can follow the statutory process and appeal to the tribunal.
Investigator's decision on behalf of the Ombudsman