The Ombudsman's final decision
Summary: We will not investigate this complaint about a penalty charge notice for a parking contravention as it is reasonable to expect the complainant to appeal it to the Traffic Penalty Tribunal.
The complaint
Mrs X complained the Council rejected her appeal against a penalty charge notice (PCN) for a parking contravention despite her having displayed her disabled blue badge parking permit.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Parliament has provided an appeal process to enable motorists to challenge PCNs, ultimately to independent parking adjudicators at, in this case, the Traffic Penalty Tribunal (TPT). We are not another level of appeal and not empowered to assess PCNs, or cancel them, as the TPT can. For this reason, it is reasonable to expect Mrs X to appeal to the TPT and we will not therefore investigate.
Final decision
We will not investigate Mrs X’s complaint because it is reasonable to expect her to appeal to the TPT,
Investigator's decision on behalf of the Ombudsman