Summary: We will not investigate this complaint about a parking penalty charge notice as it is reasonable to expect Mr X to have appealed against it to London Tribunals.

The complaint

1. Mr X complains the Council incorrectly issued him with a parking penalty charge notice (PCN) as he says the contravention reason it gave was misapplied. Mr X wants the PCN to be cancelled.

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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. The enforcement of PCNs is set out in law. An appeal procedure is provided for motorists to challenge PCNs, culminating in an appeal to independent adjudicators at, in this case, London Tribunals. We are not another level of appeal and cannot decide if the PCN should be cancelled or not. It is reasonable to expect Mr X therefore to have followed the statutory appeal procedure available to him and we will not investigate.

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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 against the PCN to London Tribunals.

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Investigator's decision on behalf of the Ombudsman