Summary: We will not investigate this complaint about a penalty charge notice. This is because Miss X has the right to appeal to a tribunal, and it is reasonable to expect her to have used this.

The complaint

1. Miss X complains that she was wrongly issued a Penalty Charge Notice (PCN) and wants it cancelled. She had an expired blue badge on display. However, she has since shared photo evidence of the correct badge, but the Council rejected her appeal.

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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.

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complains about a PCN and the Council’s use of enforcement agents to recover the sum due. However, Miss X has the right of appeal to London Tribunals, and we consider it reasonable to expect her to use this right.

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Final decision

7. We will not investigate Miss X’s complaint because she had appeal rights to London Tribunals.

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Investigator's decision on behalf of the Ombudsman