Sunderland City Council (24 020 536)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 26 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr C’s complaint that the Council wrongly issued him with a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Mr C to put in an appeal to the Traffic Penalty Tribunal.
The complaint
- Mr C complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The Act 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)
- The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
How I considered this complaint
- I considered information provided by Mr C.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has considered Mr C’s informal representations but has not cancelled this PCN. If the Council pursues this PCN further it will send to Mr C a Notice to Owner. Mr C may then challenge this PCN by putting in formal representations to the Council. If the Council rejects Mr C’s formal representations, he may put in an appeal to the Traffic Penalty Tribunal.
- This is the process set out in law for a motorist to challenge a PCN and we generally expect it to be used. The Tribunal is independent of the Council and has the power to cancel a PCN.
- I find it is reasonable for Mr C to follow this process and if needed put in an appeal to the Traffic Penalty Tribunal.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr C’s complaint because it is reasonable for him to put in an appeal to the Traffic Penalty Tribunal.
Investigator's decision on behalf of the Ombudsman