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

The complaint

1. Mr X says the Council has wrongly issued a Penalty Charge Notice (PCN) and then did not properly consider their representations about a PCN, after they paid the fine. Mr X wants the Council to refund the fine.

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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.

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How I considered this complaint

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

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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 to achieve what they were looking for. In any case we could not decide Mr X is liable for a refund of his fine.

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Investigator's decision on behalf of the Ombudsman