Summary: We cannot investigate this complaint about a penalty charge notice for a moving traffic contravention. The complainant has appealed against the penalty charge notice to a tribunal.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about a penalty charge notice issued to him by the Council.

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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. It says we cannot investigate a complaint if someone has appealed to a tribunal; we have no discretion in this. The courts have decided this restriction applies even if the appeal could not provide a remedy for all the claimed injustice. (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 Mr B. I have also seen the public register of appeals kept by London Tribunals which hears appeals against penalty charge notices in London.
4. I considered our Assessment Code.

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Final decision

5. We cannot investigate Mr B’s complaint because he has appealed against the penalty charge notice to London Tribunals. The restriction I describe in paragraph 2 applies.

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Investigator's decision on behalf of the Ombudsman