Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. The complainant has used the statutory representations and appeals procedure.

The complaint

1. Mr X says the Council failed to tell him his resident permit was due for renewal despite being in recent communications with staff. He said because of this he was wrongly issued a Penalty Charge Notice (PCN) and his vehicle was towed. Mr X said this has caused him distress and meant he lost out on use of his vehicle.
2. Mr X is seeking a full refund of the PCN amount, a full refund of the car pound release fees and compensation.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. 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)
5. 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

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

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Final decision

7. We cannot investigate this complaint because Mr X has appealed to the Tribunal. The Ombudsman has no discretion to investigate.

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Investigator's decision on behalf of the Ombudsman