Summary: We cannot investigate this complaint about a parking penalty charge notice as since Miss X appealed it to London Tribunals, the matter is no longer within our remit.

The complaint

1. Miss X complains the Council did not use its discretion to cancel a parking penalty charge (PCN) notice it had issued to her, despite her having explained why her disabled parking badge was not overtly disabled and about her vulnerabilities and health issues. Miss X complains the Council treated her dismissively and without compassion and is particularly unhappy about an officer’s conduct. Miss X says this has caused her significant emotional stress and frustration. Miss X would like an apology, a refund of the PCN charge she paid and for the conduct of the officer in question to be reviewed. Miss X appealed the PCN to London Tribunals, but the appeal was refused.

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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 or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
4. 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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How I considered this complaint

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

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My assessment

7. As Miss X appealed the PCN to London Tribunals, we can no longer investigate, as per paragraph three.
8. We will not investigate how the Council dealt with Miss X’s representations and appeals against the PCN, including individual officer conduct, as a separate matter as we could achieve no meaningful outcome by doing so plus any such investigation may be likely to make findings on the substantive matter, which now lies outside our jurisdiction.

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Final decision

9. We cannot investigate Miss X’s complaint about a PCN because it is no longer within our remit. We will not investigate the Council’s handling of the matter as a separate issue as this would achieve no meaningful outcome and is, in any case, too closely linked to the substantive matter, which is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman