Summary: We will not investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. It would be reasonable to have expected the complainant to have used the statutor appeals procedure.

The complaint

1. X says the Council did not properly consider their representations about a Penalty Charge Notice (PCN) for an alleged parking contravention.

Back to top

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.

Back to top

How I considered this complaint

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

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman