Summary: We will not investigate this complaint about a Penalty Charge Notice and a tribunal hearing. The matter has been considered through the statutory appeal process, and we cannot question the tribunal’s decision or events at the hearing. This includes the complainant’s concerns about procedural fairness at the hearing, which are matters for the tribunal process and not the Ombudsman.
We also will not investigate the Authority’s complaint handling in isolation, as it is not separable from matters we cannot investigate

The complaint

1. Mr X complains his tribunal hearing was cancelled without notice, causing inconvenience and loss of time. He says at the rescheduled hearing the adjudicator raised a new issue and closed the hearing without giving him an opportunity to respond. He also says the Authority did not properly address his complaint about these matters.

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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 could take the matter to court or use 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 go to court or appeal. (Local Government Act 1974, sections 26(6)(a) and (c), as amended)
4. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. The Traffic Enforcement Centre (TEC), part of the county court, considers applications to set the Penalty Charge Notice (PCN) process back where there has been procedural fault.

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How I considered this complaint

5. I considered information from the complainant and the Authority, and the Ombudsman’s Assessment Code.

My assessment

6. Mr X exercised his right of appeal to London Tribunals, and an adjudicator issued a decision. The concerns raised about the cancelled hearing, the conduct of the rescheduled hearing, and the opportunity to respond relate directly to how the tribunal considered the case.
7. The tribunal forms part of the statutory process for challenging PCNs. The Ombudsman cannot question the merits of a tribunal’s decision or the conduct of proceedings. We will not investigate because these matters fall outside our jurisdiction.
8. While the Mr X also raises concerns about the Authority’s complaint handling, these are not separable from the underlying matters about the tribunal process. We do not investigate complaint handling in isolation where it is closely linked to substantive matters.

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Final decision

9. We will not investigate this complaint. The complainant exercised their right of appeal to London Tribunals, and an adjudicator determined the case. The tribunal is part of the statutory process for challenging Penalty Charge Notices, and the Ombudsman cannot question the adjudicator’s decision or the conduct of the hearing.

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Investigator's decision on behalf of the Ombudsman