Summary: We will not investigate Mr X’s complaint about a Penalty Charge Notice for an alleged parking contravention. It would be reasonable to expect Mr X to have used the statutory representations and appeals procedure.

The complaint

1. Mr X says the Council issued a Penalty Charge Notice (PCN) for an alleged parking contravention and did not properly respond to his representations about it.

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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. In response to our initial enquiries, the Council explained it had responded to Mr X’s representations and complaint. It then issued a Notice Of Rejection and Mr X then paid the PCN, which closes the matter. We will not now investigate this complaint. If Mr X remained dissatisfied following the Council’s decision then it was reasonable to expect him to have used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman