Summary: We cannot investigate this complaint about two Penalty Charge Notices for alleged parking contraventions because Mr X has used the statutory representations and appeals procedure.

The complaint

1. Mr X complains the Council wrongly issued two Penalty Charge Notices (PCN) for alleged traffic contraventions. He says it was wrong to pursue him, it ignored his vulnerability and it handled his complaint poorly.

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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. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)

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How I considered this complaint

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

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Assessment

7. Mr X has used his right of appeal to challenge the PCNs so we cannot investigate his complaint. This includes the Council’s actions leading to its decision to issue the PCNs and its decision to recover payment of the PCNs, as these are not separable from the matter appealed.
8. Mr X notes the Tribunal cancelled the PCNs but he seeks further remedies. However, as we cannot investigate Mr X’s complaint it follows that we cannot consider additional remedies for the matters complained of.
9. It is not a proportionate use of our resources to investigate the Council’s complaint handling, when we are not investigating the substantive issue.

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Final decision

10. We will not investigate this complaint because Mr X has already used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman