Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect the complainant to follow the appeals process provided in law.

The complaint

1. Mr X complains the Council issued him with a parking penalty charge notice (PCN) despite him having a valid permit to park. Mr X has explained to the Council that the permit must have fallen from the dashboard, but the Council has refused to cancel the PCN on these grounds. Mr X wants the PCN to be cancelled.

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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)

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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 which Mr X can follow to challenge the PCN. This process culminates in an appeal to independent adjudicators at London Tribunals.
7. This is the prescribed way to challenge a PCN. We are not another level of appeal and cannot make a ruling on the validity of the PCN. As such, it is reasonable to expect Mr X to follow the appeal process, and we will not therefore investigate.

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Final decision

8. We will not investigate Mr X’s complaint because he can challenge the PCN via an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman