Summary: The Ombudsman cannot investigate this complained about a penalty charge notice for a parking contravention. The complainant has appealed against the penalty charge notice to a tribunal.

The complaint

1. The complainant, who I refer to here as Miss B, has complained about a penalty charge notice issued by Transport for London (TfL) for a parking contravention.

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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 when someone has appealed to a statutory tribunal; we have no discretion on this. The courts have decided this restriction applies even if the appeal did 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 have considered what Miss B said in her complaint and the public register of appeals kept by London Tribunals.

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What I found

4. TfL issued a penalty charge notice to Miss B because she had parked where this was not allowed. Miss B appealed against the penalty charge notice to London Tribunals.

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Final decision

5. I have decided we cannot investigate this complaint because Miss B has appealed to a statutory tribunal and the restriction I describe in paragraph 2 applies.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman