Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, Ms X, says she Council should not have issued a Penalty Charge Notice (PCN) because her passenger had a Blue Badge. Ms X says the Council should cancel or reduce the fine.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the correspondence about the PCN. I also considered our Assessment Code.

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My assessment

6. The Council issued a PCN for parking on a double yellow line The fine was £130.
7. Ms X’s passenger challenged the fine. She explained she has a Blue Badge but had not displayed it as she did not think it was required. In response the Council explained why it had decided not to cancel the PCN. It offered another chance to pay the fine at the discounted rate of £65. Alternatively, it said Ms X could follow the statutory process and appeal to the tribunal.
8. Ms X did not follow the statutory process but tried to challenge the PCN again after the period of challenge had expired.
9. Ms X did not pay the PCN and the case progressed to the bailiffs. The Council put the case on hold and set up a payment plan. The latest information I have seen says Ms X made one payment in August and bailiff action is due to resume in relation to the rest of the fine. The fine has increased due to the addition of court and bailiff fees.
10. I will not start an investigation because Ms X could have followed the statutory process and appealed to the tribunal. It is reasonable to expect Ms X to appeal because the tribunal is the correct organisation to consider disputes about PCNs. The tribunal is free to use and would have decided if the Council issued the PCN correctly. The tribunal has the power to cancel a PCN. We do not have the power to cancel or reduce a PCN.
11. I appreciate the fine has increased but this correctly reflects the fee structure when someone neither pays a PCN nor follows the statutory process. Ms X may incur further bailiff fees if she does not resume payment.

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Final decision

12. We will not investigate this complaint because Ms X could have followed the statutory process and appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman