The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to issue Mr X with two penalty charge notices. This is because he has used his right of appeal for one of the notices and still has right of appeal for the other. This complaint is therefore outside of our jurisdiction.
The complaint
Mr X complained the Council has unfairly issued him with two penalty charge notices (PCN) despite knowing he has a medical condition.
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 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) We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after he received two PCNs for parking in a restricted area near his home. Mr X advised that he has provided the Council with evidence of a medical condition that means he sometimes needs to park quickly to gain access to his home.
The Council advised that Mr X had appealed one of the PCNs to the traffic penalty tribunal (TEC) and the TEC did not find in his favour. The Council would not agree to cancel the PCNs.
The Ombudsman will not usually investigate a complaint where the complainant has right of appeal to a Tribunal regarding the matter. In this case Mr X has an unused right of appeal to the TEC, who is best placed to consider this complaint. It would therefore be reasonable for him to use it.
The Ombudsman will not usually investigate a complaint where the complainant has already used their right of appeal at Tribunal. As the Council had confirmed Mr X has already appealed one of the PCNS, this is not a matter we have the jurisdiction to investigate.
Final decision
We will not investigate Mr X’s complaint because he has used his right of appeal for one of the notices and still has right of appeal for the other. This complaint is therefore outside of our jurisdiction.
Investigator's decision on behalf of the Ombudsman