Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged traffic contravention. This is because Mr B put in an appeal to London Tribunals.

The complaint

1. Mr B says the Authority wrongly issued him with a Penalty Charge Notice (PCN) for stopping his vehicle where this is not allowed. Mr B says he was unloading at the time, and he did not commit a 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.

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How I considered this complaint

5. I considered information from Mr B and the Ombudsman’s Assessment Code.

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Final decision

6. Mr B put in an appeal to London Tribunals against this PCN. The Tribunal refused Mr B’s appeal.
7. Because Mr B appealed to London Tribunals this means we cannot investigate this complaint and have no discretion to start an investigation.

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Investigator's decision on behalf of the Ombudsman