Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. The complainant has used the statutory representations and appeals procedure.

The complaint

1. X says the Council mishandled their request to consolidate several Penalty Charge Notices (PCN) for an alleged traffic contravention. X says the Council failed to properly consider their representations about a continuous contravention and its decision-making was inconsistent.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
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 Ombudsman’s Assessment Code.

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My assessment

6. X said they received several PCN’s in succession, for an alleged traffic contravention. X appealed these to the Tribunal, and they said the Adjudicator did not properly consider their representations. I cannot consider what happened during X’s appeal. The law, which I have referred to at paragraph two, does not allow us to investigate what happens in court.
7. X said because the Council agreed to waive one of the PCN’s and not the others, this meant it was at fault and its decision-making was inconsistent. I cannot investigate this part of X’s complaint. The injustice X has suffered because of the fault they allege is the liability for Penalty Charge Notices. X has already used their legal remedy to challenge these notices, and the law I have highlighted at paragraph three does not allow us to investigate, where a legal remedy has already been used.

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Final decision

8. We cannot investigate this complaint because we cannot investigate what happens in court and X has already used their alternative legal remedy on the main issue.

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Investigator's decision on behalf of the Ombudsman