The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X can appeal against it to an independent tribunal.
The complaint
Mr X complains the Council has not cancelled a parking penalty charge notice (PCN) it issued to him. Mr X is a blue badge holder and has explained to the Council he had made an error in setting his timer clock when he left his car. Mr X wants the PCN to be cancelled.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered the representation Mr X made against the PCN but decided it should still stand.
Parliament has provided an appeal mechanism by which Mr X can make an appeal to independent parking adjudicators at London Tribunals to continue to challenge the PCN. We are not another level of appeal and cannot assess the validity of the PCN. As such, it is reasonable to expect Mr X to make such an appeal and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal the PCN to London Tribunals.
Investigator's decision on behalf of the Ombudsman