The Ombudsman's final decision
Summary: We cannot investigate this dispute about whether a Penalty Charge Notice was handed to the complainant. This is because the complainant appealed to the tribunal.
The complaint
The complainant, whom I refer to as Mrs X, disputes a Penalty Charge Notice (PCN) was handed to her. She says she knew nothing about the fine until receiving a letter 27 days later. Mrs X says she lost the opportunity to pay at the reduced rate of £35. Mrs X wants to pay £35.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended) The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
I considered information provided by Mrs X. This includes the complaint response from the Council. I also considered our Assessment Code.
My assessment
The Council issued Mrs X with a PCN for parking on double yellow lines. The Council says the officer handed the PCN to Mrs X and spoke to her. Mrs X denies this and says she knew nothing about the PCN until receiving the Notice to Owner through the post. By then Mrs X had lost the chance to pay at the discounted rate of £35.
Mrs X appealed to the tribunal. The tribunal adjudicator rejected the appeal and directed Mrs X to pay the full fine. The decision included consideration of Mrs X’s submission that the PCN was not handed to her. The tribunal adjudicator wrote that she accepted the officer’s note (that the PCN was handed to Mrs X) as a true record of events and the PCN was served as noted by the officer. The adjudicator decided the parking contravention occurred.
Mrs X continues to assert she did not receive the PCN on the day. She says she is not appealing the PCN but wants us to investigate the events relating to how the PCN was served. Mrs X wants to pay the fine at the reduced rate.
I cannot start an investigation because Mrs X appealed to the tribunal. Although she says she is not complaining to us about the PCN, the issue about how the PCN was served, and whether Mrs X can pay at the reduced rate, was considered as part of the appeal. As the issues were considered during the appeal, and findings were made by the adjudicator about these points, I have no power to start an investigation.
Final decision
We cannot investigate this complaint because Mrs X appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman