Summary: We will not investigate Mr X’s complaint about a penalty charge notice issued by the Council. This is because it would have been reasonable for Mr X to appeal to the Traffic Penalty Tribunal.

The complaint

1. The complainant, Mr X, complains about a penalty charge notice (PCN) issued by the Council. He says the Council’s was insufficient to warn of any restriction and the contravention did not therefore occur.

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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. 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

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. There is a set procedure councils must follow when pursuing PCNs for moving traffic contraventions. When a council identifies a contravention it will issue a PCN to the owner/registered keeper by post. This will detail the amount of the fine and the motorist’s right of appeal, firstly to the council itself and then to a Tribunal.
7. Mr X believes the Council’s issue of the PCN was illegal and unjust but this is a matter for the Traffic Penalty Tribunal. Mr X says he did not have an opportunity to appeal to the Tribunal because he did not receive any communication from the Council until he returned to work from annual leave, but this is not a good reason to exercise our discretion to investigate the complaint. Appeals can be made online or by post at any time of the day, or over the weekend, and hearings do not require attendance in person. I therefore consider it would have been reasonable for Mr X to appeal, had he wanted to challenge the PCN further.

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Final decision

8. We will not investigate this complaint. This is because it would have been reasonable for Mr X to appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman