Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has already used his right to appeal to the London Tribunals.

The complaint

1. Mr Y complained the Council has wrongly issued a Penalty Charge Notice (PCN) to him. Mr Y disputes the PCN because he says there was no sign to make him aware of any restriction, and says the Council has no evidence to confirm the contravention. Mr Y says he has received threatening letters from the Council, causing him upset.

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The Ombudsman’s role and powers

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

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How I considered this complaint

3. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

4. The Council issued a PCN in March 2020 to Mr Y. A charge certificate for the unpaid penalty was later revoked in October 2021 after Mr Y said he had not received the original PCN. Mr Y then made a statutory declaration to try to appeal the PCN. This was rejected by the Environment and Traffic Appeals Service, a part of the London Tribunals. He then approached us in December 2022.
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot consider a complaint if someone has appealed to a tribunal about the same matter, as Mr Y has done.

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Final decision

6. We cannot investigate Mr Y’s complaint because has already used his right to appeal to the London Tribunals about the same matter.

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Investigator's decision on behalf of the Ombudsman