The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about a Penalty Charge Notice he received for an alleged parking contravention. This is because it is reasonable for Mr B to put in formal representations to the Council, and if needed, put in an appeal to the Traffic Penalty Tribunal.
The complaint
Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for allegedly not parking his car wholly within a marked parking bay. Mr B says the car park does not have clear markings and he has been targeted as a disabled blue badge holder. Mr B would like the Council to apologise, cancel the PCN and improve the markings and signs at this car 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 Act says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (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 Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Mr B’s informal representations but has not cancelled the PCN. The Council says the PCN was correctly issued and has provided photographs in support.
Mr B may now either pay the PCN or wait for the Council to send him a Notice to Owner. The Notice to Owner will give Mr B the opportunity to put in formal representations to the Council to challenge the PCN.
If after considering Mr B’s formal representations, the Council does not cancel the Notice, Mr B may put in an appeal to the Traffic Penalty Tribunal.
This is the process set out in law to challenge a PCN. I find it is reasonable for Mr B to use this process.
The Tribunal is independent and in the best position to decide whether a PCN was properly issued including whether any restrictions were appropriately signed or marked. Also, the process is free and relatively straightforward to use.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman