Summary: We cannot by law investigate this complaint about the Council issuing the complainant a penalty charge notice. This is because the complainant has appealed the notice to the Traffic Penalty Tribunal. The law says we have no jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Ms K) is complaining about a penalty charge notice issued to her by the Council. She says the PCN was unfairly issued. She says the threats of enforcement action in respect of the PCN is causing her serious distress. As a desired outcome, Ms K wants the Council to waive the PCN amount.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended).
3. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The complainant appealed to the Traffic Penalty Tribunal and dismissed the appeal. In these circumstances, we cannot by law investigate this matter.

Back to top

Final decision

6. We cannot investigate this complaint. This is because the restriction I outline at paragraph two (above) applies.

Back to top

Investigator's decision on behalf of the Ombudsman