Summary: We cannot investigate this complaint about a penalty charge notice which Mr X says the Council unlawfully issued. Mr X appealed the penalty charge notice to London Tribunals and as such, we no longer have any remit to investigate.

The complaint

1. Mr X complains the Council unlawfully issued a penalty charge notice (PCN) when he drove an emergency services vehicle in a bus lane. Mr X successfully appealed the PCN to London Tribunals (the Tribunal) but seeks a financial payment from the Council in recognition of the time he has spent dealing with this matter.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. As Mr X appealed against the PCN to the Tribunal, we cannot investigate this complaint, as per paragraph two.
6. It was open to Mr X to ask the Tribunal to consider making a costs award to him as it is able to do this.

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Final decision

7. Mr X’s complaint is no longer within our legal remit since he appealed the matter to London Tribunals. We cannot therefore investigate.

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Investigator's decision on behalf of the Ombudsman