Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. This is because Mr X used the statutory representations and appeals procedure.

The complaint

1. Mr X complained about the statutory appeals process after he received a PCN (Parking Charge Notice). He said this resulted in him paying a £205 fine. He wants the Council to provide a refund and compensation.

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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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Assessment

6. Mr X used the statutory appeals process and appealed a PCN to London Tribunal’s. In its complaint response the Council explained to Mr X that although London Tribunals had apologsied for an administrative error it did not alter its decision to refuse the appeal.
7. We cannot investigate this complaint because Mr X used the statutory representations and appeals procedure.

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Final decision

8. We cannot investigate this complaint because Mr X used the statutory representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman