Summary: We cannot investigate this complaint about a parking penalty charge notice as Mr X appealed to the independent tribunal and so the matter is no longer within our remit.

The complaint

1. Mr X complained the Council did not accept the representations he made against a parking penalty charge notice (PCN) it issued to him. Mr X wants the Council to exercise the discretion it had to cancel the PCN and to refund him the money he has paid.

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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 matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X appealed to the Traffic Penalty Tribunal (TPT) against the PCN and as such, we no longer have any remit to investigate, as per paragraph three.

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Final decision

7. We cannot investigate Mr X’s complaint because it is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman