Summary: We cannot investigate this complaint about a Penalty Charge Notice because Mr Y has used the statutory representations and appeals procedure.

The complaint

1. Mr Y says the Authority wrongly issued a Penalty Charge Notice (PCN) for an alleged traffic contravention. Mr Y appealed this. The Authority decided not to contest it and cancelled the PCN taking no further action against Mr Y.

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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 Mr Y and the Authority and the Ombudsman’s Assessment Code.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman