Summary: We cannot investigate Dr C’s complaint about a Penalty Charge Notice for an alleged moving traffic contravention. This is because Dr C put in an appeal to the Traffic Penalty Tribunal.

The complaint

1. Dr C complains the Council wrongly issued him with a Penalty Charge Notice (PCN) for allegedly driving in a bus lane. Dr C says he was not responsible for the alleged contravention and the Traffic Penalty Tribunal wrongly dismissed his appeal and considered incorrect information.

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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. The Traffic Penalty Tribunal considers parking and moving traffic offence appeals for all areas of England outside London.

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How I considered this complaint

5. I considered information provided by Dr C.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Dr C put in an appeal against this PCN to the Traffic Penalty Tribunal. This means we cannot investigate his complaint that this PCN was wrongly issued and have no discretion to start an investigation.
8. And, we do not have the power to investigate the Tribunal Adjudicator’s decision on Dr C’s appeal.

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Final decision

9. We cannot investigate Dr C’s complaint because he put in an appeal to the Traffic Penalty Tribunal.

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Investigator's decision on behalf of the Ombudsman