Summary: We cannot investigate this complaint about a penalty charge notice as Mr X appealed to the Traffic Penalty Tribunal and this means this issue is no longer within our legal remit.

The complaint

1. Mr X complains the Council unlawfully transferred liability for a parking penalty charge notice (PCN) from the company Mr X had hired the vehicle from, to him. Mr X wants the Council to cancel the PCN. Mr X also complains the Council’s payment portal accepted payment of £35 from him, when the amount had increased to £70. Mr X wants the Council to change its systems to prevent this.

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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 matter. (Local Government Act 1974, section 26(6), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X appealed to the Traffic Penalty Tribunal (TPT) against the PCN. It refused Mr X’s appeal and directed him to pay the full PCN of £70.
8. We cannot investigate the PCN. As Mr X appealed to the TPT about it, we no longer have any legal remit to look into this matter, as per paragraph three.
9. Mr X is not caused a level of injustice from the Councils system having accepted his payment of £35 to justify our further involvement. Notwithstanding this, the Council, in its complaint responses has explained why this happened and that in any case, the system would have allowed Mr X to pay the full £70 had he selected that option.

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Final decision

10. We cannot investigate Mr X’s complaint because as he used his right of appeal to a tribunal, the matter is no longer within our remit.

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Investigator's decision on behalf of the Ombudsman