Summary: We cannot investigate this complaint about parking penalty charge notices. The matter has been considered by a tribunal and now is no longer within our remit.

The complaint

1. Ms X complains the Council has refused to cancel two parking penalty charge notices (PCN) it issued to her despite her explaining the mitigating circumstances associated with the contraventions. Ms X wants the Council to cancel the PCNs

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

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My assessment

6. Ms X appealed the PCNs to London Tribunals, but her appeal was refused.
7. The adjudicator explained he could not take account of the mitigating circumstances in Ms X’s case in deciding whether to refuse or allow her appeal. However, the adjudicator was empowered to refer the matter back to the Council to consider afresh if he considered Ms X’s case contained good reasons for doing so. The adjudicator did not do this.
8. We cannot question the adjudicator’s decision on the appeal as we have no jurisdiction to do so. We also cannot now investigate the PCN. Ms X presented her mitigating circumstances to the Tribunal and they were considered as part of the appeal. As such, and as per paragraph three, this matter is now no longer within our remit.
9. For these reasons, we cannot investigate this complaint

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Final decision

10. We cannot investigate Ms X’s complaint because the matter has been considered by a tribunal and so is no longer within our legal remit.

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Investigator's decision on behalf of the Ombudsman