Summary: We cannot investigate this complaint about a penalty charge notice. This is because Ms X has used her right of appeal to challenge the penalty charge notice.

The complaint

1. Ms X complains about a penalty charge notice (PCN) issued by the Council. She says there was no evidence of the contravention but the Council rejected her representations. She appealed to London Tribunals, who cancelled the PCN, but remains unhappy.

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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. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. We may decide to investigate if we consider it would be unreasonable to expect the person to use this right but cannot investigate if they have already used it. (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 Ms X and the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint. This is because Ms X has used her right of appeal to challenge the PCN and we cannot therefore investigate any complaint about the issue or handling of it by the Council.

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Investigator's decision on behalf of the Ombudsman