Summary: We cannot investigate this complaint about the Council issuing a parking penalty which it refused to withdraw. It was reasonable for Mr X to appeal to the parking Adjudicator at the London Tribunals which is the body best placed to consider traffic and parking penalties.

The complaint

1. Mr X complained about the Council’s refusal to consider withdrawing a parking penalty (PCN) following his appeal to the London tribunals. He says the Council could have withdrawn the penalty under its discretionary powers.

Back to top

The Ombudsman’s role and powers

2. The law says 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. (Local Government Act 1974, section 26(6)(a), as amended)
3. London Tribunals considers parking and moving traffic offence appeals for London.
4. We cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council’s response.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X incurred a penalty (PCN) when he says he suffered a puncture in his car’s tyre in a restricted area. He made representations to the Council and said that he did not have any invoice to prove the incident because a passer-by changed the wheel for him because he is unable to do so due to a disability.
8. The Council did not withdraw the penalty and Mr X appealed to the Adjudicator at the London Tribunals which is the body responsible for considering traffic and parking penalty appeals. Mr X’s compalint to us is that the Council told him it could not withdraw the penalty because he had appealed and it would await the Adjudictor’s decision.
9. The Council could have withdrawn the penalty if Mr X submitted new information which was compelling but there is no requirement for it to make a discretionary cancellation if it does not agree. Once someone has appealed to a tribunal or a court we have no jurisdiction to investigate further.

Back to top

Final decision

10. We will not investigate this complaint about the Council issuing a parking penalty which it refused to withdraw. It was reasonable for Mr X to appeal to the parking Adjudicator at the London Tribunals which is the body best placed to consider traffic and parking penalties.

Back to top

Investigator's decision on behalf of the Ombudsman