Summary: We will not investigate this complaint about a penalty charge notice for a moving traffic contravention as it is reasonable to expect Mr X to appeal it to London Tribunals.

The complaint

1. Mr X complains about a penalty charge notice (PCN) the authority issued to him for a box junction contravention. Mr X considers he did not commit the contravention as he says he was forced into the position by traffic. Mr X wants the authority to cancel the PCN.

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. 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)

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. Parliament has provided an appeal mechanism by which motorists can challenge PCNs ultimately to independent parking adjudicators at, in this case, London Tribunals. We are not another level of appeal and cannot assess PCNs, or cancel them, in the way that London tribunals can. As Mr X considers he did not commit the contravention, it is reasonable to expect him to appeal the PCN to the Tribunal and we will not therefore investigate.

Back to top

Final decision

7. We will not investigate Mt X’s complaint because he can appeal the PCN to the Tribunal and it is reasonable to expect him to do so.

Back to top

Investigator's decision on behalf of the Ombudsman