Summary: We cannot investigate Mr B’s complaint about a Penalty Charge Notice for an alleged parking contravention. This is because Mr B appealed to London Tribunals.

The complaint

1. Mr B complains about a Penalty Charge Notice (PCN) he received from the Council for an alleged parking contravention. Mr B says there isn’t a sign in this location to inform motorists that parking is not allowed. Mr B says this PCN has caused him a lot of stress.

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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 B and appeal records available on London Tribunals’ website.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr B put in an appeal against this PCN to London Tribunals. The Tribunal refused Mr B’s appeal.
8. Because Mr B appealed to the Tribunal this means we cannot investigate his complaint about this PCN.

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Final decision

9. We cannot investigate Mr B’s complaint because he appealed to London Tribunals.

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Investigator's decision on behalf of the Ombudsman