The Ombudsman's final decision
Summary: We will not investigate this complaint about Penalty Charge Notices because the complainant could have followed the statutory process and appealed to the tribunal.
The complaint
The complainant, Ms X, complains she has received nine Penalty Charge Notices (PCN). Ms X wants the Council to cancel them because she made a mistake.
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) London Tribunals considers parking and moving traffic offence appeals for London.
How I considered this complaint
I considered information provided by Ms X. This includes correspondence about the PCNs. I also considered our Assessment Code.
My assessment
Ms X parked her car in an estate car park and bought a permit. She was under the impression the permit allowed her to park there.
The Council issued PCNs because the permit Ms X bought was not valid for where she parked. The Council explained she needed to have, and display, a permit which is valid for the estate where she parked.
The Council rejected Ms X challenge and gave her the option of paying at the reduced rate or appealing to the tribunal.
In some of the letters Ms X sent to the Council she said the signs about which permits are valid are unclear. At times she also suggested she was covered by a valid permit.
I will not start an investigation because Ms X could have followed the statutory process, and appealed to the tribunal, if she did not think the Council had issued any of the PCNs correctly. For example, she could have appealed if she thought the signs around the estate are unclear. It is reasonable to expect Ms X to appeal because the tribunal is the correct body to consider disputes about PCNs. If appropriate, the tribunal has the power to cancel a PCN – we do not have that power and we cannot intervene simply because someone has made a mistake.
Final decision
We will not investigate this complaint because Ms X could have appealed to the tribunal.
Investigator's decision on behalf of the Ombudsman