Summary: We cannot investigate Mr X’s complaint about how the Council issued him with a PCN. This is because the Ombudsman cannot investigate a complaint where the complainant has exercised their right of appeal to a tribunal.

The complaint

1. Mr X complains that the Council discriminated against him when it issued him with a Penalty Charge Notice (PCN), saying it did not take enforcement action against other vehicles parked in similar circumstances.

Back to top

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. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X appealed his PCN to the Traffic Penalty Tribunal on the grounds that he had been discriminated against. An Independent Adjudicator considered Mr X’s appeal and issued a decision in September 2021, refusing the appeal and confirming that the charge was payable.
8. The restriction outlined in paragraph 3 applies. The Ombudsman cannot consider a complaint where somebody has exercised their right of appeal to a tribunal.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint about how the Council issued him with a PCN. This is because the Ombudsman cannot investigate a complaint where the complainant has exercised their right of appeal to a tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman