Summary: We cannot investigate Mr B’s complaint that the Council wrongly issued him with a Penalty Charge Notice. This is because Mr B appealed to the tribunal. We cannot investigate Mr B’s complaint about the tribunal’s handling of his appeal because we cannot investigate complaints about tribunals.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council wrongly issued him with a Penalty Charge Notice (PCN) for a moving traffic contravention. Mr B also complains about London Tribunals’ consideration of his appeal against the PCN.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
3. London Tribunals (previously known as the Parking and Traffic Appeals Service) considers parking and moving traffic offence appeals for London.
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as London Tribunals. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I considered information provided by Mr B.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Mr B’s complaint about the PCN. This is because Mr B used his right of appeal to London Tribunals to challenge the PCN. This means we have no discretion to investigate Mr B’s complaint that the Council was wrong to issue the PCN.
8. We cannot investigate Mr B’s complaint about London Tribunals’ handling of his appeal. This is because we do not have the power to investigate complaints about tribunals.

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Final decision

9. For the above reasons we cannot investigate Mr B’s complaint.

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Investigator's decision on behalf of the Ombudsman