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

The complaint

1. The complainant, Mr X, complains the Council delayed in responding to his representations against a penalty charge notice (PCN) issued for an alleged bus lane contravention. He appealed against the PCN and the Council did not contest his appeal, so the PCN has been cancelled. But Mr X says the process caused him worry and he wants compensation.

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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 the person has 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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Because Mr X has appealed against the PCN to London Tribunals we have no jurisdiction to investigate any complaint about the Council’s issue of the PCN or its handling of his representations against it. London Tribunals has cancelled the PCN and we cannot recommend the Council pays Mr X compensation.

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Final decision

7. We cannot investigate this complaint. This is because Mr X has used his right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman