Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged traffic contravention. It would be reasonable to expect the complainant to use the statutory representations and appeals procedure.

The complaint

1. Mr X complains on behalf of Mrs X. He says the Council did not properly consider their representations about a Penalty Charge Notice (PCN) for an alleged traffic contravention.

Back to top

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.

Back to top

How I considered this complaint

5. I considered information from Mr X on behalf of Mrs X and the Council and the Ombudsman’s Assessment Code.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman