Summary: We cannot investigate Mr X’s complaint about a Penalty Charge Notice for an alleged parking or traffic contravention. Mr X has used the statutory representations and appeals procedure and therefore the law says we cannot investigate.

The complaint

1. Mr X complained the Council would not accept cash as payment for a Penalty Charge Notice (PCN).
2. Mr X used the statutory appeals procedure. Mr X lost the appeal because the adjudicator decided this was not a valid ground of appeal. It also said it was for the Council to decide how it would accept payment.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
4. 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)
5. 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

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

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Final decision

7. We cannot investigate this complaint because Mr X has already used the representations and appeals procedure and the adjudicator has already considered his concerns about means of payment.

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Investigator's decision on behalf of the Ombudsman