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

The complaint

1. The complainant, who I refer to here as Mr C, has complained about a penalty charge notice issued by the Council for a parking contravention. Mr C says the Council should accept the fee for parking and not pursue him for a debt.

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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 in this. (Local Government Act 1974, section 26(6)(a), as amended)
3. The Courts have decided that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I have considered what Mr C said in his complaint and background information provided by the Council. I have also seen the public register of appeals provided by London Tribunals.

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What I found

Background

5. The Council enforces parking restrictions and takes recovery action using procedures set out in the Traffic Management Act 2004 and associated Regulations. The Council and motorists must follow these procedures.

Summary of events

6. The Council issued a penalty charge notice in February 2020 because it believed he had parked without displaying the necessary permit.
7. Mr C challenged the penalty charge notice. After the Council rejected his representations, he appealed to London Tribunals. This is a statutory tribunal and its decisions are legally binding on both parties.
8. In August 2020 London Tribunals refused Mr C’s appeal and directed him to pay £130 within 28 days. Because Mr C did not pay, the Council has continued taking recovery action in accordance with the regulations.

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Final decision

9. We cannot investigate this complaint because Mr C has appealed to a statutory tribunal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman