Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal. The complainant can also contact the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a Penalty Charge Notice (PCN) for a moving traffic offence. He says his usual route was blocked due to an accident and he was forced into a restricted area. Mr X also says the Council will not release CCTV which would prove he had to drive into the area. Mr X wants a £130 refund and compensation.

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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 about the same matter. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

6. I considered information provided by Mr X. I also read the decision made by the tribunal and considered our Assessment Code.

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My assessment

7. The Council issued a PCN for driving into a pedestrian zone. Mr X appealed to the tribunal and said he was forced to enter the area due to an accident. The tribunal dismissed the appeal and directed Mr X to pay £130.
8. Mr X paid the fine but continues to dispute it. He asked the Council for CCTV. The Council said the CCTV team had reported there were no incidents. The Council also said it cannot release CCTV due to data protection and said the footage had been deleted as more than 28 days had passed.
9. The law says we cannot investigate a complaint when the matter has been appealed to the tribunal. Mr X appealed to the tribunal so I cannot start an investigation and cannot ask the Council to issue a refund or compensation. This restriction applies even though Mr X continues to dispute the PCN.
10. The Council has explained why it cannot provide the CCTV footage Mr X requested. If Mr X disagrees with the Council’s response he can complain to the Information Commissioner (ICO). It is reasonable to expect him to do this because the ICO is the appropriate body to consider complaints about data protection and the release of information.

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Final decision

11. We cannot investigate this complaint because Mr X appealed to the tribunal and because he can complain to the ICO.

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Investigator's decision on behalf of the Ombudsman