Summary: We will not investigate this complaint about several Penalty Charge Notices Mr X received for alleged parking contraventions. It would be reasonable to expect Mr X to use the statutory representations and appeals procedure.

The complaint

1. Mr X says the Council did not properly consider his representations about several Penalty Charge Notices (PCN’s) for alleged traffic contraventions.
2. Mr X also complains about poor communication and complaint response from the Council.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. 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)
5. 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

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

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My assessment

7. Mr X tried to make representations relating to several PCN’s to an email address from the Council and through its complaint procedure.
8. He said he had no response, the email address was incorrect and the complaint response was late.
9. The correct way to make representations for a PCN is through the statutory appeals process so we will not investigate this complaint as stated in paragraph 4 above. Mr X has to wait for an Order of Recovery so he can make a statutory declaration with his representations
10. In the complaint response the Council explained the procedure Mr X should follow, and apologised the complaints were not dealt with in the expected timeframes, however Mr X was updated appropriately.
11. As we are not investigating the substantive issue, it would not be a good use of public resources to consider complaint handling in isolation. In any event, there is not enough evidence of fault in how the Council dealt with his complaint. I am satisfied it appropriately responded to his concerns.

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Final decision

12. We will not investigate this complaint because it would be reasonable for the complainant to use the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman