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

The complaint

1. Mr X says the Council has wrongly sought to increase his Penalty Charge Notice to £105 for an alleged traffic 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, 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.
6. We have already considered Mr X’s complaint about the Council failing to allow him to pay a £35 charge in complaint 25 017 378. We found evidence the Council had twice reduced the charge back to £35 and given Mr X further periods to pay it. We will not consider the same matters twice, regardless of whether Mr X wishes to pursue matters involving the enforcement company used by the Council.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman