Summary: We will not investigate this complaint about a Penalty Charge Notice (PCN). As Mr X appealed to London Tribunals, the matter is no longer within our remit.

The complaint

1. Mr X complained that the Council incorrectly issued a PCN to him. Mr X said that he was not driving the car and has reported a possible crime to both the police and the Driving and Vehicle Licensing Agency.

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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)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. If a motorist breaks moving traffic rules, they might receive a fine. This fine is called a Penalty Charge Notice.
7. The authority will send the notice to the person who appears to own the vehicle (usually the registered keeper) by post. The notice will show the fine amount and how to appeal.
8. The motorist has 28 days from the date of the notice to pay the fine or ‘make representations’ against it.
9. If the authority rejects the motorist’s appeal, the motorist can appeal to London Tribunals.
10. As Mr X appealed the PCN to London Tribunals, we can no longer investigate as per paragraph 3.

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Final decision

11. We will not investigate Mr X’s complaint because he appealed to London Tribunals meaning the matter is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman