Summary: We will not investigate this complaint about a parking penalty charge notice as Mr X had the right to appeal against it to an independent tribunal.

The complaint

1. Mr X complains the Council has not provided evidence to him to support a parking penalty charge notice (PCN) it issued to him. Mr X is unhappy that the cost of the PCN has escalated.

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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. 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)

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How I considered this complaint

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

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My assessment

6. Parliament has provided an appeal process by which Mr X could have challenged the PCN, ultimately to independent adjudicators at London Tribunals. We are not another level of appeal and cannot determine if the PCN was valid or should stand. For these reasons, it is reasonable to expect Mr X to have appealed the PCN and we will not therefore investigate.

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Final decision

7. We will not investigate Mr X’s complaint because he had the right to appeal the PCN to London Tribunals.

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Investigator's decision on behalf of the Ombudsman