Summary: We will not investigate this complaint about three penalty charge notices the complainant received for moving traffic contraventions. He has appealed against one and could have appealed against the other two. There is no fault in the Council seeking to recover unpaid penalty charges.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council issued three penalty charge notices for moving traffic contraventions.

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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 can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. We cannot investigate if someone has already appealed to a tribunal; we have no discretion in this. The courts have decided this restriction applies even if the appeal could not address all the claimed injustice. (Local Government Act 1974, section 26(6)(a), as amended)
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Mr B and the public register of appeals kept by London Tribunals. I also considered our Assessment Code.

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My assessment

7. The Council enforces moving traffic restrictions and takes recovery action using procedures set out in the London Local Authorities and Transport for London Act 2003. The Council and motorists must follow these procedures.
8. Mr B had a right of appeal against the penalty charge notices to London Tribunals which is a statutory tribunal. An appeal to London Tribunals is free and relatively easy to use. It is also the way in which Parliament expects people to challenge a penalty charge notice. For these reasons, the restriction I describe in paragraph 2 generally applies.
9. Mr B appealed to London Tribunals against one penalty charge notice. The restriction I describe in paragraph 4 applies and we cannot look at a complaint about this.
10. I have seen reason Mr B could not have appealed against the other penalty charge notice and so the restriction I describe in paragraph 3 applies to a complaint about them.
11. In the absence of a payment or successful appeal, the Council is entitled to recover the unpaid penalty charge and any additional fees from Mr B. I have seen nothing to suggest fault in how it ha done this.

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Final decision

12. We will not investigate Mr B’s complaint for the reasons set out in paragraphs 9 to 11 above.

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Investigator's decision on behalf of the Ombudsman