The Ombudsman's final decision
Summary: We will not investigate Miss B’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Miss B to put in formal representations to the Council, and if needed, appeal to London Tribunals.
The complaint
Miss B complains she was issued a Penalty Charge Notice (PCN) for an alleged parking contravention even though she had a valid permit on display. Miss B complains the Council wrongly considers her permit had been tampered with.
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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Miss B.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has considered Miss B’s informal representations but has not cancelled the PCN. The Council says the PCN was correctly issued.
Miss B may now either pay the PCN or wait for the Council to send her a Notice to Owner. The Notice to Owner will give Miss B the opportunity to put in formal representations to the Council to challenge this PCN.
If after considering Miss B’s formal representations, the Council does not cancel the Notice, Miss B may put in an appeal to London Tribunals.
This is the process set out in law to challenge a PCN. I find it is reasonable for Miss B to use this process.
The Tribunal is independent and in the best position to decide whether a PCN was properly issued. Also, the process is free and relatively straightforward to use.
So, we will not investigate this complaint.
Final decision
We will not investigate Miss B’s complaint because it is reasonable for her to put in an appeal to London Tribunals.
Investigator's decision on behalf of the Ombudsman