Summary: We cannot investigate this complaint about a moving traffic penalty charge notice or what happened at the appeal. Since Mr X appealed to the independent tribunal against the PCN, this matter is no longer within our remit.

The complaint

1. Mr X complains about a moving traffic penalty charge notice (PCN) that the Council issued to him and the information it provided to the Traffic Penalty Tribunal (TPT) when he appealed. Mr X is upset as he says the Council wrongly told the TPT he had changed his account and this makes Mr X feels like he is being called a liar.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. As per paragraph three, as Mr X appealed the PCN to the TPT, we no longer have any legal remit to investigate it. This includes what information the Council provided to the TPT in response to Mr X’s appeal.

Back to top

Final decision

7. We cannot investigate Mr X’s complaint because it is no longer within our remit as Mr X exercised his right of appeal to the independent tribunal.

Back to top

Investigator's decision on behalf of the Ombudsman