Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. It would be reasonable to expect the complainant to have used the statutory representations and appeals procedure.

The complaint

1. X says the Council has wrongly issued a Penalty Charge Notice (PCN) and did not properly consider their representations about a Penalty Charge Notice (PCN) for an alleged traffic contravention. They said this caused them distress because of a worry about the possibility of enforcement action.

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The Ombudsman’s role and powers

2. 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)
3. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England. One of the grounds for a statutory appeal is where the recipient of the PCN was never the owner of the vehicle in question.

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How I considered this complaint

4. I considered information from the complainant and the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate this complaint because it would be reasonable for the complainant to have used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman