Summary: We cannot investigate this complaint about the Council’s handling of a parking penalty charge notice. The matter is no longer within our remit since Mr X appealed it to an independent tribunal.

The complaint

1. Mr X complains the Council incorrectly issued him with a parking penalty charge notice (PCN) and failed to take account of his appeals against it. Mr X won the appeal he made to the Traffic Penalty Tribunal (TPT) against the PCN but remains dissatisfied by the Council’s handling of the matter.

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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 can no longer investigate the Council’s handling of the PCN. As Mr X used his right of appeal to the independent tribunal, the TPT, the matter is no longer within our legal remit.

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Final decision

7. We cannot investigate Mr X’s complaint because the matter is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman