Summary: We cannot investigate this complaint about a Penalty Charge Notice for an alleged traffic contravention. The complainant has used the statutory representations and appeals procedure. Nor will we investigate a complaint about the Authority’s website relating to how it collects charges and fines, because there is no worthwhile outcome achievable.

The complaint

1. X says the Authority did not properly consider their representations about a Penalty Charge Notice (PCN) for an alleged traffic contravention. X is also unhappy about the Authority’s website and is seeking a return of the fine they paid. X says the Authority’s actions have caused them stress.

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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.
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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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My assessment

7. X was unhappy the Authority did not properly consider their representations relating to a PCN. I cannot consider this complaint because X has already appealed to the London Tribunals and the law does not allow us to consider complaints where an alternative legal remedy has already been used.
8. X was unhappy because the Authority’s website was inadequate and they encountered payment difficulties. I will not investigate this matter, because we could not direct the Authority to change its website, or direct it to return X’s fine.

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Final decision

9. We cannot investigate this complaint because the complainant has already used the representations and appeals procedure about the main issue. There is no worthwhile outcome achievable in investigating the remainder of the complaint.

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Investigator's decision on behalf of the Ombudsman