Summary: We will not investigate this complaint about Penalty Charges for moving traffic violations. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is outside our jurisdiction because the complainant has appealed to the Tribunal.

The complaint

1. The complainant, I shall call Mr X, says the Council faked evidence to support its issuing of two Penalty Charge Notices for entering a restricted road and stopping in a restricted bus stop.

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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. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because he has appealed to the London Tribunals. The complaint is therefore out of our jurisdiction regardless of whether his appeals were successful or not.

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Investigator's decision on behalf of the Ombudsman