Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice that was issued by the Council. This is because Mr X has already appealed to a tribunal.

The complaint

1. Mr X complains the Council ignored the evidence he provided after receiving a Penalty Charge Notice (PCN) and says the signage at the location was either inadequate or confusing.

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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. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

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

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My assessment

7. Mr X received a PCN and complained to the Council in October 2023.
8. Mr X says he appealed to the tribunal, but an adjudicator dismissed his case.
9. I cannot investigate this complaint because the tribunal is the proper route for challenging a PCN and Mr X has already used that process.

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Final decision

10. We cannot investigate Mr X’s complaint. This is because he has appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman