Summary: We cannot investigate this complaint about a moving traffic penalty charge notice. As the matter has been considered by a tribunal, it is no longer within our legal remit.

The complaint

1. Mr X complains about a penalty charge notice (PCN) the Council issued after he drove into a restricted area due to not having seen a sign that he says was obstructed from his view. Mr X wants the PCN to be cancelled.

Back to top

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 about the matter. (Local Government Act 1974, section 26(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X’s partner, Miss A, as the registered keeper of the vehicle involved, appealed against the PCN to London Tribunals but the appeal was not upheld. Mr X and Miss A remain dissatisfied with the Council’s handling of the matter and would like the PCN to be cancelled.
7. As per paragraph three, we cannot investigate where a matter has been appealed to a tribunal. We are not able therefore to investigate the complaint about the PCN. We also have no jurisdiction over the Tribunal in respect of its decision making.
8. For these reasons, we cannot investigate this complaint.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman