Summary: We will not investigate this complaint about a moving traffic penalty charge notice as it is reasonable to expect the complainant to have used his appeal right to the independent tribunal to challenge it.

The complaint

1. Mr X complains the Council did not cancel a moving traffic penalty charge notice (PCN) it issued to him despite him explaining his mitigating circumstances for committing the contravention. Mr X says the PCN was unfair and unjust.

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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. 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)

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How I considered this complaint

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

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My assessment

6. Parliament has provided a no-cost appeal process, ultimately to independent adjudicators at, in this case, London Tribunals, which Mr X could have used to challenge the PCN. We are not another level of appeal and cannot make the decisions LT can. It is reasonable therefore to expect Mr X to have exercised his right of appeal and as per paragraph three, we will not investigate. That Mr X chose to pay off the PCN rather than appeal does not impact on this decision.

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Final decision

7. We will not investigate Mr X’s complaint because it is reasonable to expect him to have appealed the PCN to LT.

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Investigator's decision on behalf of the Ombudsman