Summary: We cannot investigate Ms X’s complaint about the Council’s handling of a penalty charge notice. This is because Ms X has used her right of appeal against the penalty charge notice to London Tribunals.

The complaint

1. The complainant, Ms X, complains the Council refused to cancel a penalty charge notice (PCN) in response to her challenges and representations but decided not to contest her appeal. She says receiving the PCN caused her stress and anxiety and she spent time preparing for the appeal hearing which she could have avoided, had the Council cancelled the PCN sooner.

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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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if they have already used it. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

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My assessment

6. Because Ms X has appealed against the PCN we have no jurisdiction to investigate any complaint about its issue or the Council’s handling of her challenges and representations against it. The fact the Council conceded the appeal prior to the hearing and has now cancelled the PCN does not alter this.
7. Ms X believes the Council should have to pay her the amount it demanded from her for the PCN but this is not how the process works. If London Tribunals had felt the Council had acted frivolously, vexatiously or wholly unreasonably they could have made an award of costs against it, but there is no suggestion it did so in this case.

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Final decision

8. We cannot investigate this complaint. This is because Ms X has used her right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman