Summary: We will not investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice for an alleged parking contravention. This is because it is reasonable for Mr B to put in an appeal to London Tribunals.

The complaint

1. Mr B complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for an alleged parking contravention.

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 Act 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)
4. London Tribunals considers parking and moving traffic offence appeals for London.

Back to top

How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. A motorist who receives a PCN may challenge it by making formal representations to the Council, and if needed, putting in an appeal to London Tribunals. We generally expect this process to be used. The Tribunal is independent and has the power to cancel a PCN.
8. I find it is reasonable for Mr B to put in an appeal to London Tribunals. The process is free and relatively straightforward to use.
9. So, we will not investigate this complaint.

Back to top

Final decision

10. We will not investigate Mr B’s complaint because it is reasonable for him to put in an appeal to London Tribunals.

Back to top

Investigator's decision on behalf of the Ombudsman