Summary: We cannot investigate Mr X’s concerns about the Council’s response to his complaint about a penalty charge notice. This is because Mr X used his appeal rights to the Traffic Penalty Tribunal.

The complaint

1. Mr X says the Council caused him to believe he had further rights of appeal, after he had appealed to the Traffic Penalty Tribunal. And that he has now been accused of making dishonest statements to the Traffic Enforcement Centre. Mr X would like the parking ticket cancelled, an investigation and compensation.

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The Ombudsman’s role and powers

2. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.
3. 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)

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How I considered this complaint

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

My assessment

5. We cannot investigate any matter relating to Mr X’s complaint. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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Final decision

6. We cannot investigate. This is because Mr X used his appeal rights so we have no remit to investigate.

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Investigator's decision on behalf of the Ombudsman