Summary: We will not investigate this complaint about a penalty charge notice and the Authority’s handling of the complainant’s appeals as there are statutory processes available to the complainant to address these matters.

The complaint

1. Ms X complains her appeals against a parking penalty charge notice (PCN) issued to her have been ignored and the cost of the PCN has significantly increased as the Authority has continued to enforce it. Ms X feels harassed and bullied and would like the PCN to be cancelled and an apology.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Parliament has provided a statutory appeal process by which motorists can challenge PCNs, ultimately to parking adjudicators at independent tribunals. It has also made provision for motorists to seek redress if something has gone wrong in the enforcement procedure, via a process involving the Traffic Enforcement Centre (TEC) which is part of the county court system.
7. Ms X says her appeals have not been adequately addressed. If the Authority has responded but not to Ms X’s satisfaction, then the next step would have been to appeal to London Tribunals. If Ms X made a formal appeal, but did not receive a response, then she will be able to ask the TEC to consider her case once an Order for Recovery of the PCN has been issued to her.
8. It is reasonable to expect Ms X to follow the processes provided in law. We are not another level of appeal and cannot assess whether the PCN should stand or not.
9. For these reasons, we will not investigate.

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Final decision

10. We will not investigate Ms X’s complaint because she can seek redress via the specific procedures provided in law regarding PCN appeals/enforcement.

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Investigator's decision on behalf of the Ombudsman