Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged traffic contravention and the Council’s handling of its appeals process. The complainant has used the statutory representations and appeals procedure and the law says we cannot investigate.

The complaint

1. Mr X says the Council wrongly issued a Penalty Charge Notice (PCN) and provided contradictory information in response to his formal challenge. Mr X proceeded to make an appeal to a tribunal about the matter.

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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 the complainant and the Council and the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint because the complainant has already used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman