Summary: We cannot investigate Mr X’s complaint about penalty charge notices issued to him. This is because he has used his right of appeal to a tribunal.

The complaint

1. Mr X complains that the Council refused to rescind four Penalty Charge Notices (PCNs) despite him having applied for a parking permit. Mr X says the Council rescinded PCNs issued to his neighbour under similar circumstances.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London.

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Mr X’s complaint. Mr X used his right of appeal to London Tribunals. The law prevents us investigating complaints when someone has used their right of appeal to a tribunal.

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Final decision

8. We cannot investigate Mr X’s complaint because he has used his right of appeal to London Tribunals

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Investigator's decision on behalf of the Ombudsman