Summary: We will not investigate Mr X’s complaint about a penalty charge notice. This is because it would have been reasonable for Mr X to appeal to London Tribunals.

The complaint

1. Mr X complains about a penalty charge notice (PCN) issued by the Council for a parking contravention. He says he had a valid permit and he wants the Council to cancel the PCN and refund his payment.

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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)
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 Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint. This is because the PCN carried a right of appeal to London Tribunals and it would have been reasonable for Mr X to use this right if he believed the Council had wrongly issued the PCN.

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Investigator's decision on behalf of the Ombudsman