Summary: We cannot investigate this complaint about a clean air penalty charge notice as the matter has been considered on appeal by the Traffic Penalty Tribunal and so is no longer within our remit.

The complaint

1. Mr X complains he was unable to pay a £10 clean air penalty charge online as he says the Council’s website would not recognise the reference number the Council had given him. Mr X says the Council then issued him with a penalty charge notice (PCN), which meant he ended up paying £130. Mr X’s appeal against the PCN to the Traffic Penalty Tribunal (TPT) was not upheld. Mr X considers the TPT did not properly consider his case.

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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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

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

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My assessment

6. As per paragraph three, we cannot investigate when someone has appealed to a tribunal about the same matter.
7. We have no remit over the TPT and cannot investigate its decisions.
8. For these reasons, we cannot investigate this complaint.

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Final decision

9. We cannot investigate Mr X’s complaint because it is not within our legal remit.

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Investigator's decision on behalf of the Ombudsman