Summary: We will not investigate this complaint about a Penalty Charge Notice because the complainant could have appealed to the tribunal and because there is on-going legal action.

The complaint

1. The complainant, Mr X, complains about the way the Council processed a Penalty Charge Notice (PCN). He says the fine was not attached to the windscreen and says the Council has not addressed his issues. Mr X wants a full review and compensation.

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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. The law 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.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council. This includes letters about the PCN. I also considered our Assessment Code.

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My assessment

7. The Council issued a PCN. Mr X says the PCN was not attached to the windscreen but he was able to challenge the fine.
8. In August 2024 the Council rejected his challenge. The Council gave him another chance to pay fine at the reduced rate of £65. It also said he could appeal to the tribunal. The Council said he had 28 days to pay or appeal.
9. Mr X did not pay or appeal. He tried to challenge the fine again in January. The Council said it was too late to appeal but it gave him another chance to pay the fine at the reduced rate. It said it would register the PCN in court if he did not pay.
10. Mr X did not pay so the Council registered the debt in court and has since passed the case to bailiffs.
11. In August Mr X applied to the court for a statutory declaration. If the court decides there has been a procedural irregularity it can cancel the court registration and re-set the process. The court has not yet made a decision on the statutory declaration.
12. I will not start an investigation because Mr X could have appealed to the tribunal. It is reasonable to expect him to appeal because the Council notified him of his appeal rights and because the tribunal is the correct body to consider PCN appeals. We are not an appeal body and have no power to cancel a PCN. In addition, Mr X has applied to the court for a statutory declaration and we cannot investigate any matter that is being considered in court.
13. In addition, the Council has done more than it was required to do because it gave Mr X additional chances to pay the fine at the discounted rate.

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Final decision

14. We will not investigate this complaint because Mr X could have used his appeal rights and because the matter is being considered in court.

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Investigator's decision on behalf of the Ombudsman