Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect Mr X to have appealed it to the parking tribunal.

The complaint

1. Mr X complains about a parking penalty charge notice (PCN) which he says was wrongly issued as he had paid the fee to park. Mr X wants his appeal to be reviewed and for the PCN to be revoked.

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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)

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How I considered this complaint

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

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My assessment

5. Parliament has provided an appeal process in law by which Mr X can challenge the PCN ultimately to independent parking adjudicators at London Tribunals. We are not another level of appeal and cannot cancel the PCN. As such, it is reasonable to expect Mr X to use his appeal right to the Tribunal and we will not therefore investigate.

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Final decision

6. We will not investigate Mr X’s complaint because it is reasonable to expect him to appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman