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 it to the Traffic Penalty Tribunal.
The complaint
Mr X complains the Council issued him a parking penalty charge notice (PCN) in error. Mr X says the signs at the location are not clear.
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
There is an appeal procedure provided in law that Mr X could have used to challenge the PCN, ultimately to the Traffic Penalty Tribunal (TPT). The TPT could have decided if the PCN was valid, in light of Mr X’s case against it. We are not another level of appeal and cannot make the decisions of the TPT.
It is reasonable to expect Mr X to have used his appeal right 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