Summary: We cannot investigate part of this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. The complainant has used the statutory representations and appeals procedure and therefore we cannot investigate. We will not investigate the Council’s decision to record the complainant’s behaviour as aggressive as an investigation is unlikely to achieve any meaningful outcome.

The complaint

1. Mr X says the Council wrongly issued a Penalty Charge Notice (PCN). Mr X said the Council later did not contest his tribunal appeal and the PCN was cancelled. Mr X also said the Council recorded his behaviour as “aggressive” without evidence.

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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.
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information from the complainant and the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate part of this complaint because the complainant has already used the representations and appeals procedure. We will not investigate the Council’s decision to record the complainant’s behaviour as “aggressive” because this was the opinion of an officer. There is no bodycam footage available, only the officer’s written record. The record is unlikely to be used in any other way outside the appeal process that is now completed. Therefore, we will not investigate because an investigation is unlikely to achieve anything worthwhile.

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Investigator's decision on behalf of the Ombudsman