Summary: We will not investigate this complaint about two Penalty Charge Notices for alleged parking and traffic contraventions. It would be reasonable to expect the complainant to have used their right of appeal to the London Tribunals.

The complaint

1. Mr X says the Council has wrongly issued two Penalty Charge Notices (PCN) for the same alleged traffic contravention.

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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 will not investigate this complaint because since making his complaint to us, the Council has explained it issued PCNs to Mr X for two different traffic contraventions that occurred on the same day. It would have therefore been reasonable for Mr X to use his right of appeal to the London Tribunals if he still believed he should not be liable for both PCNs. In any event, the Council also offered Mr X the opportunity to pay the outstanding PCN at the reduced rate after the 28 day deadline to do so had expired.

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Investigator's decision on behalf of the Ombudsman