Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice because he has used his right of appeal to the Traffic Penalty Tribunal.

The complaint

1. Mr X complains he received a Penalty Charge Notice (PCN) when not parking fully inside a car parking space. Mr X complains the Council have not enforced its parking policy fairly as there have been other cars that have not been properly parked.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
3. 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. If the person has already appealed we have no power to investigate. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.

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How I considered this complaint

5. I considered information from Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains he received a PCN for not parking fully inside a car parking space. Mr X has appealed his PCN to the Traffic Penalty Tribunal.
8. Because Mr X appealed to the Traffic Penalty Tribunal we cannot investigate this complaint.

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Final decision

9. We cannot investigate this complaint because Mr X has already appealed to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman