Summary: We cannot investigate this complaint about a penalty charge. This is because Miss X has already used her right to appeal to London Tribunals via the parking appeal process.

The complaint

1. Miss X complains about the Council’s handling of a Penalty Charge Notice (PCN).
2. Miss X says she had paid for parking but returned approximately 15 minutes late because an appointment overran. She complains the Council rejected her challenge without properly considering her circumstances.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. London Tribunals considers parking and moving traffic offence appeals for London.
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate any aspect of Miss X’s complaint because she has already used her legal appeal rights through the parking appeal process.

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Investigator's decision on behalf of the Ombudsman