Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has already appealed to the London Tribunals.

The complaint

1. Mr Y complained the Council failed to correctly calculate the amount for a Penalty Charge Notice (PCN). Mr Y says he was asked to pay a further £90 on top of the £17.50 charge and was told if he did not pay the amount would increase.
2. Mr Y says he has therefore paid a total of £107.50 more than he believes he should have done.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. The Authority issued a PCN to Mr Y after he drove in its Congestion Zone without making payment, until the day after, costing him £17.50. Mr Y appealed to the London Tribunals but was unsuccessful. He then approached us.
6. The law says we cannot investigate a complaint if someone has already appealed to the tribunal about the same matter. We therefore cannot investigate Mr Y’s complaint.

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Final decision

7. We cannot investigate Mr Y’s complaint because Mr Y has already appealed to the London Tribunals.

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Investigator's decision on behalf of the Ombudsman