Summary: We cannot investigate this complaint about a Penalty Charge Notice. Miss X has used the statutory representations and appeals procedure.

The complaint

1. Miss X complains the Council did not consider her representations to a Penalty Charge Notice (PCN).

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 investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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 Miss X and the Council
6. I considered the Ombudsman’s Assessment Code.

My assessment

7. When a council issues a PCN the motorist has 28 days to pay the penalty charge or appeal; appeals at this stage are known as informal challenges. If the Council decides not to accept an informal challenge, the motorist can make formal representations against the PCN. If the council rejects the motorist’s formal representations the motorist may appeal to London Tribunals.
8. Miss X made formal representations and when they were rejected, she appealed to tribunal. Because Miss X’s right of appeal has been used, we cannot investigate.

Back to top

Final decision

We cannot investigate this complaint about a Penalty Charge Notice. Miss X has used the statutory representations and appeals procedure.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman