The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect the complainant to have appealed this to the independent tribunal.
The complaint
Mr X complains the Council issued him with a parking penalty charge notice (PCN) when he says he had correctly parked, displaying a valid, disabled person’s, Blue Badge. Mr X says he has been traumatised by the Council's actions and requests a refund of the £50 he paid to clear the PCN.
The Ombudsman’s role and power 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 mechanism for motorists to challenge PCNs, ultimately to independent parking adjudicators at tribunals, in this case the Traffic Penalty Tribunal. We are not another level of appeal and cannot consider the complainant’s case against the PCN. It is reasonable therefore to expect Mr X to have followed the statutory appeal process and we will not therefore investigate. That Mr X chose to pay the PCN and forego his right of appeal does not alter this view.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect him to have followed the statutory appeal process to challenge the PCN.
Investigator's decision on behalf of the Ombudsman