Summary: We will not investigate this complaint about a Penalty Charge Notice because the issues could reasonably or have been mentioned as part of legal proceedings regarding a closely related matter.

The complaint

1. Mr Y complained the Traffic Penalty Tribunal (TPT) mishandled his appeal against a Penalty Charge Notice (PCN) including only allowing him six days to provide evidence, which he says he was unaware of a request for, before deciding the matter.
2. Mr Y says the issue has caused him upset, frustration and feels the dismissal of his appeal was unfair.

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The Ombudsman’s role and powers

3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. Mr Y has complained about the request for evidence made by the TPT, its communication of the request and the time he was given to provide the evidence before a decision was made. Mr Y says that he was unaware of the request for evidence, and he was only given six days to provide photographs of his vehicle to the Tribunal before it decided on his appeal. He says he was then unaware of the request until after the decision had been made.
7. Where a person loses an appeal with the TPT, they have the right to request a review of the decision. Mr Y could reasonably have raised this issue with the TPT as part of a request for a review of the decision. Consequently, we will not investigate.
8. Further, Mr Y is seeking a reconsideration of the appeal with a potential to cancel the PCN. We do not have the power to achieve this outcome as part of our investigations. We will not investigate.

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Final decision

9. We will not investigate Mr Y’s complaint because the issues could reasonably or have been mentioned as part of legal proceedings regarding a closely related matter.

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Investigator's decision on behalf of the Ombudsman