The Ombudsman's final decision
Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X could have appealed it to the Traffic Penalty Tribunal.
The complaint
Mr X complains the signs at a leisure centre where he is a member are not clear in respect of member parking. Mr X disputes a parking penalty charge notice (PCN) the Council issued to him when he parked at the location.
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 mechanism by which Mr X could have challenged the PCN, ultimately to an independent tribunal, the Traffic Penalty Tribunal (TPT). It would have decided whether the PCN should be cancelled given the points Mr X raises about the signs at the location. We are not another level of appeal and are not empowered to make such determinations. It is reasonable therefore to expect Mr X to have appealed to the TPT and we will not therefore investigate.
Final decision
We will not investigate Mr X’s complaint because It is reasonable to expect him to have appealed the PCN to the TPT.
Investigator's decision on behalf of the Ombudsman