Summary: We cannot investigate Mr X’s complaint about the Council’s decision to issue him with Penalty Charge Notices or about alleged discrepancies in the appeals process. This is because Mr X appealed to a Tribunal, and the law says we cannot investigate.

The complaint

1. Mr X complained the Council issued him with multiple Penalty Charge Notices (PCNs) and about procedural discrepancies in the appeals process.
2. Mr X said the matter caused him time and trouble and frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

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

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My assessment

8. We cannot investigate Mr X’s complaint. This is because Mr X appealed to the London Tribunals about the validity of the PCNs the Council issued.
9. The law says the Ombudsman has no discretion to investigate matters taken to a Tribunal. This is the case even if the appeal does not provide a full remedy for the issues complained about. Although Mr X said he had to go to time and trouble to resolve the matter, the law says we cannot investigate.

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Final decision

10. We cannot investigate Mr X’s complaint because he appealed to a Tribunal.

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Investigator's decision on behalf of the Ombudsman