Summary: We cannot investigate Mrs X’s complaint about the Traffic Penalty Tribunal’s handling of her appeal against a penalty charge notice. This is because the complaint concerns the way the adjudicator conducted the appeal and reached their decision and these issues fall outside our jurisdiction.

The complaint

1. Mrs X complains about the handling of an appeal against a penalty charge notice (PCN) by an adjudicator at the Traffic Penalty Tribunal (TPT). She says the adjudicator was rude, put the phone down on her and failed to properly consider the appeal. She believes the decision to reject the appeal was wrong.

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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 TPT considers parking and moving traffic offence appeals for all areas of England outside London. The appeals are heard by adjudicators who are appointed by the Lord Chancellor.
4. We have jurisdiction to investigate complaints about the administrative actions of the TPT. However, the adjudicators themselves act in a quasi-judicial way. We cannot consider a complaint about a decision taken by an adjudicator on an individual appeal.

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How I considered this complaint

5. I considered information provided by Mrs X and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate this complaint. This is because it concerns the way the adjudicator considered and reached their decision on Mrs X’s appeal and this is not an issue which is subject to investigation. If Mrs X believes the adjudicator’s decision was wrong the only way to challenge it would be by Judicial Review at the High Court.

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Investigator's decision on behalf of the Ombudsman