Summary: We cannot investigate Mr X’s complaint about a penalty charge notice. Mr X has used his right of appeal to a tribunal and therefore the law prevents us from investigating the matter.

The complaint

1. Mr X complains that the Council unlawfully issued him a Penalty Charge Notice (PCN) then incorrectly refused his representation meaning he had to go to the time and trouble of appealing to London Tribunals which he says caused him distress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Mr X’s complaint. We have no power to investigate the matter due to the restriction laid out in paragraph 3. The courts have found that the use of an appeal right to a tribunal excludes us from investigating, even where the Tribunal could not provide a full remedy for the injustice claimed.

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Final decision

8. We will not investigate Mr X’s complaint because he has used his right of appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman