The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as it could have been appealed via the Traffic Penalty Tribunal.
The complaint
Mr X complains the Council did not properly consider his partner’s appeal against a parking penalty charge notice (PCN) and has denied them their right of appeal to the Traffic Penalty Tribunal (TPT). Mr X wants the Council to refund the charge they paid.
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 appeal process provided in law by Parliament offers motorists a choice between paying a PCN or appealing, ultimately to an independent tribunal; the TPT. In this case, the PCN was paid and so the appeal right was lost. It is reasonable to expect Mr X/his partner to have followed the appeal process rather than paying the charge and so we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable to expect them to have followed the appeal process provided in law.
Investigator's decision on behalf of the Ombudsman