Summary: The law says we cannot investigate this complaint about a penalty charge notice for a moving traffic 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, believed the Council was wrong to issue a penalty charge notice for a moving traffic 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.
3. The law says we cannot investigate a complaint when someone has appealed to a statutory tribunal; we have no discretion in 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

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 kept by London Tribunals.

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What I found

5. The Council issued a penalty charge notice to Mr C because it believed he had driven where this was not allowed. Mr C has against the penalty charge notice appealed to London Tribunals, which is a statutory tribunal.

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Final decision

6. We have no jurisdiction to consider 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