Summary: We cannot investigate this complaint about a Penalty Charge Notice because the complainant appealed to the tribunal. We will not investigate the second fine because the complainant could have appealed to the tribunal.

The complaint

1. The complainant, Mr X, complains about two Penalty Charge Notices (A and B). He says he appealed PCN A and did not get a reply and bailiffs are now involved. For PCN B Mr X says the traffic warden said he could park on a yellow line for a short time.

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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. 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 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. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

6. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

7. The Council issued PCN A. Mr X appealed to tribunal and lost the appeal. The tribunal said Mr X must pay £110. Mr X did not pay so the Council issued letters warning him it would register the fine in court if he did not pay. Mr X did not pay so the Council registered PCN A in court and instructed bailiffs. Mr X says the bailiffs are demanding £500.
8. Mr X says he did not get a response to his appeal. He wants the Council to let him pay the PCN at the original rate.
9. I cannot investigate PCN A because Mr X appealed to the tribunal. The law says we cannot investigate any matter that has been appealed to the tribunal. Mr X says he did not get a response to his appeal; the appeal was administered by the Tribunal Service so he would need to take this up with the Service. The Council sent letters after the appeal which gave Mr X further chances to pay before the Council involved bailiffs. We have no power to tell the Council to reduce the fine because Mr X appealed to the tribunal. Bailiffs charge fees which is the reason why the PCN has increased.
10. The Council issued PCN B because Mr X parked on a yellow line when restrictions were in place. Mr X says a traffic warden said he could park for five minutes while he went to a shop but then issued the PCN. Mr X appealed to the Council; in his appeal he said he had a conversation with the officer about whether he could park. The Council considered his challenge but did not cancel the fine. It said he could pay the fine or appeal to the tribunal. Mr X neither paid nor appealed. The Council has registered the fine in court; the next step is to instruct bailiffs.
11. I will not investigate this PCN because Mr X could have appealed to the tribunal. It is reasonable to expect Mr X to appeal because the tribunal is the appropriate body to consider PCN appeals. The tribunal is free to use and Mr X is familiar with it as he has used it before. The tribunal could have considered Mr X’s point, as stated in his challenge to the Council, that the contravention did not occur due to the warden’s approach.

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Final decision

12. We cannot investigate PCN A because Mr X appealed to the tribunal and we will not investigate PCN B because Mr X could have appealed to the tribunal.

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Investigator's decision on behalf of the Ombudsman