Summary: We cannot investigate Mr X’s complaint about a decision by an adjudicator not to accept his late appeal against a penalty charge notice. This is because the complaint does not concern an administrative function of London Tribunals. Adjudicators act in a quasi-judicial way and the only means of challenging their decisions is by way of Judicial Review at the High Court.

The complaint

1. The complainant, Mr X, complains London Tribunals refused to consider his appeal against a penalty charge notice (PCN) because he was outside the normal time limits. He believes he provided good reasons for missing the deadline wants to challenge the authority’s decision not to consider his appeal.

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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. London Tribunals considers parking and moving traffic offence appeals for London. The appeals are heard by adjudicators who are appointed by the Lord Chancellor.
4. We have jurisdiction to investigate complaints about the administrative actions of London Tribunals. However, the adjudicators themselves act in a quasi-judicial way. We cannot consider a complaint about a decision taken by an adjudicator on an individual appeal.

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How I considered this complaint

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

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Final decision

7. We cannot investigate this complaint. This is because it concerns a decision by an adjudicator rather than an administrative function of the authority. Such matters are outside our jurisdiction as set out at Paragraph 4.

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Investigator's decision on behalf of the Ombudsman