Summary: We cannot investigate Mr X’s complaint about the Council’s response to his request for information on assistance paying Penalty Charge Notices he was issued for alleged parking contraventions. This is because Mr X has used the statutory representations and appeals procedure.

The complaint

1. Mr X complains about the Council’s response to his request for information about any assistance it provides in paying PCNs he was issued as he is disabled and receives benefits.

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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. We cannot investigate Mr X’s complaint because he has already used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman