Summary: The Ombudsman cannot investigate Mr B’s complaint that the Council was at fault in issuing him with a Penalty Charge Notice. This is because he has used his right to appeal.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council was at fault in issuing him with a Penalty Charge Notice (PCN).

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I have considered what Mr B has said in support of his complaint.

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What I found

6. Mr B says the Council issued him with a PCN for parking outside his home. He believes the Council has acted unreasonably and has failed to properly apply the relevant law. He says his appeal against the PCN was unsuccessful.
7. The Ombudsman cannot investigate Mr B’s complaint. He had the right to appeal to London Tribunals and the Ombudsman expects appeal rights to be used where they exist. As Mr A has appealed, the Ombudsman cannot investigate.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because Mr B has used his right to appeal.

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Investigator's decision on behalf of the Ombudsman