Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice issued by the Council for driving in a bus lane. This is because Mr X had a right of appeal to the Traffic Penalty Tribunal. We will not investigate the remainder of the complaint because an investigation is unlikely to achieve any additional outcome.

The complaint

1. Mr X complained the Council:
• issued a Penalty Charge Notice (PCN) to him for driving in a bus lane; and
• about the Council’s poor communication.
2. Mr X says the matter caused him distress and frustration.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. If a motorist breaks moving traffic rules, they might receive a fine. This fine is called a Penalty Charge Notice. The authority will send the notice to the person who appears to own the vehicle (usually the registered keeper) by post. The notice will show the fine amount and how to appeal.
10. The motorist has 28 days from the date of the notice to pay the fine or ‘make representations’ against it. The fine is usually halved if it is paid within 21 days (outside London). If the authority rejects the appeal, the motorist can appeal to the Traffic Penalty Tribunal.
11. The authority can issue a charge certificate which increases the fine by 50% if:
• the fine is not paid;
• the motorist does not appeal against the fine; or
• the appeal is not successful.
12. If the motorist submits an informal challenge to a PCN and the Council decides not to accept them, it will write to the motorist and explain why. If the motorist accepts the Council’s reasons they may pay the PCN; if not, they may wait for a ‘notice to owner’. This provides a further opportunity for the owner of the vehicle to pay the charge or make ‘formal representations’ against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to the Traffic Penalty Tribunal.

Analysis

13. We will not investigate Mr X’s complaint about the Council’s decision to issue him with a PCN or the Council’s complaints process.
14. Mr X paid the discounted £35 charge. The Council sent Mr X another letter in error informing him he must pay the full £70. In its complaint response the Council apologised for the error and confirmed no further payment was due. Further investigation into this matter is unlikely to achieve any additional outcome, and so we will not investigate this complaint.
15. Mr X also complained the Council’s initial letter was unclear about his right to appeal to the Tribunal. This did not prevent Mr X from contacting the Tribunal in any case. The Tribunal informed Mr X if he wished to pursue an appeal and he lost he would be liable for the full £70 charge. It was open to Mr X to take the matter to the Tribunal, and it is reasonable to expect him to have used that right. Therefore, we will not investigate this complaint.
16. Mr X complained about the Council’s complaints process and poor communication. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Therefore, we will not investigate this complaint.

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Final decision

17. We will not investigate this complaint. This is because it was reasonable for Mr X to appeal to the Traffic Penalty Tribunal. For the remainder of Mr X’s complaints, an investigation is unlikely to achieve any further outcome.

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Investigator's decision on behalf of the Ombudsman