London Borough of Harrow (25 023 092)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 07 May 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has appealed to a tribunal about the same matter.
The complaint
- Mr Y complained the Council wrongly issuing him with a Penalty Charge Notice, poor consideration of and response to evidence he provided for his representations and poor complaint handling.
- Mr Y says the issue caused him upset and loss of time with his family.
The Ombudsman’s role and powers
- 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)
- The courts have said that where someone has used their right of appeal, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
- It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
- I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y has complained the Council wrongly issued him with a PCN, incorrectly dealt with, considered and responded to his representations about the PCN.
- Mr Y has appealed to the London Tribunals about the PCN, and it has now been cancelled. As Mr Y has appealed to the Tribunals, we do not have the legal power to investigate his complaint, even where Mr Y feels the Tribunal did not or could not provide a complete remedy for all the injustice claimed. We cannot investigate.
- As we are not investigating the substantive issue, it is not a good use of resources to investigate how the Council dealt with or responded to Mr Y’s complaint. We will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because Mr Y has appealed to a tribunal about the same matter.
Investigator's decision on behalf of the Ombudsman