Summary: We will not investigate this complaint about Penalty Charge Notices. The matter has gone before an independent tribunal so the law prevents us from investigating it.

The complaint

1. Mr X complained he was issued a Penalty Charge Notice for parking in a disabled bay. Mr X appealed to an independent tribunal. Mr X said the matter has affected his mental health.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. Mr X parked within a disabled parking bay in a Council owned car park. Mr X was issued a Penalty Charge Notice and appealed to an independent tribunal, where the decision was upheld.
6. We are not an appeal body, and the decision by an independent tribunal is not one we can question. We cannot investigate Mr X’s complaint.

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Final decision

7. We will not investigate Mr X’s complaint because it has already been appealed at an independent tribunal.

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Investigator's decision on behalf of the Ombudsman