Summary: We cannot investigate Ms C’s complaint that the Council did not give proper consideration to her representations about a Penalty Charge Notice she received. This is because Ms C put in an appeal to London Tribunals.

The complaint

1. Ms C complains the Council wrongly issued her with a Penalty Charge Notice (PCN) for an alleged moving traffic contravention. Ms C says the Council did not give proper consideration to her representations which meant she was forced to put in an appeal to the tribunal, which was successful. Ms C says she and her son had to spend a considerable amount of time dealing with this matter which was avoidable. Ms C would like the Council to: apologise; pay her compensation; and, improve the signage in the location where the PCN was issued.

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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 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)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
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 Ms C.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms C put in an appeal to London Tribunals against this PCN. This means the restriction to our powers set out at paragraph 3 of this statement applies to this complaint. So, we cannot investigate Ms C’s complaint about the Council’s decision to issue the PCN or the Council’s consideration of her representations.
9. Also, this restriction to our powers applies even though the right of appeal to London Tribunals did not put right all the injustice Ms C says she suffered.
10. So, we cannot investigate this complaint.

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Final decision

11. We cannot investigate Ms C’s complaint because she put in an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman