Summary: We will not investigate Mr B’s complaint about a Penalty Charge Notice for an alleged traffic contravention. It would be reasonable to expect Mr B to put in an appeal to London Tribunals.

The complaint

1. Mr B says the Authority has wrongly issued and defended a Penalty Charge Notice (PCN) for an alleged traffic contravention. Mr B says he has provided evidence to show he was not the owner of this vehicle at the time of the contravention.

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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.

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How I considered this complaint

5. I considered information from Mr B and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it would be reasonable for Mr B to challenge this PCN by putting in an appeal to London Tribunals.

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Investigator's decision on behalf of the Ombudsman