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

The complaint

1. Ms X says the Authority has wrongly issued a Penalty Charge Notice (PCN) for an alleged traffic contravention.

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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 Authority’s enforcement agents and the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate this complaint because it was reasonable for the complainant to use the representations and appeals procedure which available under the legislation. The authority has received over 144,000 challenges to PCN’s issued so far and over 3,000 appeals have been submitted to the Tribunals. Ms X could have challenged the PCN using evidence which she says she has of a debit card payment made in respect of the date of travel through the tunnel.

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Investigator's decision on behalf of the Ombudsman