Summary: We will not investigate this complaint about Penalty Charge Notices for alleged parking contraventions. Miss X has used the statutory representations and appeals procedure.

The complaint

1. Miss X complains the Council has wrongly issued Penalty Charge Notices (PCNs) for alleged parking contraventions. She wants the Council to confirm her parking permit is active and cancel the PCNs.

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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 Miss X, the Council and the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says the Council wrongly issued PCNs despite her vehicle being registered with the parking permit system.
7. Miss X appealed and the Council rejected the appeal.
8. We will not investigate this complaint as Miss X has already used the representations and appeals process.
9. Miss X also says that council enforcement officers ignored her and were rude. It is not proportionate for us to investigate these ancillary matters if we are not investigating the substantive issue.

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Final decision

10. We will not investigate this complaint because Miss X has already used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman