Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice for an alleged Clean Air Zone contravention. This is because Mr X has already used the statutory representations and appeals procedure.

The complaint

1. Mr X says the Council failed to properly consider its discretion or alternative remedies when handling his complaint about a Penalty Charge Notice (PCN) it issued for a Clean Air Zone (CAZ) contravention. Mr X says he paid the CAZ charge but paid for the wrong day, in error. He has paid both the CAZ charge and the PCN.

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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, and the Traffic Penalty Tribunal for the rest of England.

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How I considered this complaint

5. I considered information from the complainant and the Council and the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate this complaint because Mr X has already used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman