Summary: We will not investigate this complaint about a Penalty Charge Notice. It would be reasonable to expect the Mr X to use statutory representations and appeals procedure.

The complaint

1. Mr X complained the Council issued him a Penalty Charge Notice (PCN). He said a contractor ignored his Blue Badge and he is a long-term resident. He wants the PCN to be cancelled.

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, and the Traffic Penalty Tribunal for the rest of England.

Back to top

How I considered this complaint

5. I considered information from the complainant 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 Mr X to use the representations and appeals procedure.

Back to top

Investigator's decision on behalf of the Ombudsman