Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged parking contravention. Miss X has used the statutory representations and appeals procedure and so the law says we cannot investigate.

The complaint

1. Miss X said the Council wrongly issued a Penalty Charge Notice (PCN) for an alleged parking contravention and did not properly consider her representations about it.
2. Miss X also said the Council did not properly consider her complaint.
3. Miss X said the matter caused her distress.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
5. 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)
6. London Tribunals considers parking and moving traffic offence appeals for London, and the Traffic Penalty Tribunal for the rest of England.
7. As we cannot investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

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How I considered this complaint

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

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Final decision

9. We cannot investigate this complaint because the complainant has already used the representations and appeals procedure.

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Investigator's decision on behalf of the Ombudsman