Summary: We will not investigate this complaint about the Council’s breach of its own policy on parking enforcement and an allegation of fraud. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant has appealed to the London Tribunals and the Penalty Charge Notice has been cancelled.

The complaint

1. The complainant, I shall call Mr X, complains the Council breached its own policy when it issued a penalty charge notice (PCN) for parking next to a dropped footway. He also says an Officer committed fraud relating to signatures on the PCN document.

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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. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
4. We cannot investigate allegations of criminal activity which are matters for the police.

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How I considered this complaint

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

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Final decision

6. We will not investigate Mr X’s complaint because he has used his right of appeal to London Tribunals and the PCN has been cancelled.

7. I understand Mr X is complaining about matters relating to the PCN. However, the courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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Investigator's decision on behalf of the Ombudsman