Summary: We will not investigate this complaint about Penalty Charge Notices because Mr Y has already used his right to appeal to the London Tribunals.

The complaint

1. Mr Y complained the Council refused to use its discretion to cancel three Penalty Charge Notices (PCNs) for contraventions Mr Y says happened when he stopped to take medication in his car.
2. Mr Y feels this is unfair as other local Councils have cancelled PCNs on this basis and he feels the Council should do the same.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

6. The Council issued a number of PCNs to Mr Y. He appealed all of the PCNs to the London Tribunals, however, all of the appeals were rejected. Mr Y then approached us in January 2024.

Analysis

7. As Mr Y has appealed the PCNs to the London Tribunals we cannot investigate his complaint by law. This is even where the appeal was rejected or if it had been successful even if the appeal had not provided Mr Y with a full remedy for any injustice caused. Consequently, we cannot investigate Mr Y’s complaint as we do not have the power in law to do so.

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Final decision

8. We will not investigate Mr Y’s complaint because he has already used his right to appeal to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman