Summary: We will not investigate this complaint about a Penalty Charge Notice. This is because the complainant can appeal to the tribunal and because his complaint about the handling of the issue has been resolved.

The complaint

1. The complainant, Mr X, says the Council has not responded to his challenge about a Penalty Charge Notice (PCN). He is worried he will lose his appeal rights to the tribunal.

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The Ombudsman’s role and powers

2. 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)
3. London Tribunals considers parking and moving traffic offence appeals for London.
4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

6. Mr X challenged a PCN but did not get a reply. He complained to the Council and said he was worried he would lose his appeal rights. The Council decided not to accept his complaint because there is a statutory process to challenge PCNs.
7. In response to my enquiries the Council reviewed the case and decided it should have accepted the complaint because Mr X was complaining about the process. The Council apologised to Mr X for declining to consider the complaint and for any confusion and inconvenience.
8. In the meantime, the parking service had responded to Mr X about the PCN. Mr X plans to appeal to the tribunal.
9. I spoke to Mr X. He confirmed he will appeal to the tribunal and is satisfied with the response to his complaint.
10. I will not start an investigation because Mr X can appeal to the tribunal which is the appropriate organisation to consider disputes about PCNs. I will not investigate the complaint handling because the Council has apologised and the substantive issue, the PCN, is for the tribunal.

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Final decision

11. We will not investigate this complaint because Mr X can appeal to the tribunal and because the complaint about the complaint handling has been resolved.

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Investigator's decision on behalf of the Ombudsman